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IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR
G. A. SANAP, J.
Bhushan S/o Arunrao Wadaskar – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. In this appeal, challenge is to the judgment and order dated 02.01.2020, passed by learned Sessions Judge, Amravati in Special (POCSO) Case No. 235 of 2018, whereby the learned Judge convicted the appellant for the offence punishable under Section 354-D of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.5,000/- and in default to suffer SI for eight days.
2. BACKGROUND FACTS :
The crime in this case was registered on the report of the victim girl. The prosecution case, which can be unfolded from the report and other materials, is that the incident occurred on 23.07.2018 at about 10.30 am. The victim girl and the appellant are residents of village Sahur, Tal. Ashti, Dist. Wardha. On 23.07.2018, at about 9.30 am, the victim girl boarded the ST bus to go to Haturna to attend the school. The appellant was also travelling in the said bus. As soon as the bus reached Haturna bus stand, the appellant caught hold of the hand of the victim girl and forced her to sit and get down at the next bus stop. The victim girl sat down. At the next stop, namely Panjabrao Thakre Krushi Vidyalaya, Haturna, she got down from the bus. The app
The prosecution failed to prove the offence of stalking under Section 354-D due to insufficient evidence and contradictions in the victim's testimony.
The judgment reinforces the legal standards for proving stalking and sexual harassment, particularly in cases involving minors, emphasizing the credibility of victim testimony.
The unshaken testimony of the victim and corroborating witnesses, lack of motive for false implication, and consistent evidence formed the basis for establishing the guilt of the appellant.
The court upheld the victim's credible testimony in sexual assault cases, emphasizing that delay in reporting does not inherently discredit reliable evidence.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
Sexual harassment - Relative witness - Reliable - Merely because victim's friends were produced as witnesses, it cannot be said that their evidence is unreliable.
Point of Law : Sexual harassment – Appeal against conviction - Merely because the victim's friends were produced as witnesses, it cannot be said that their evidence is unreliable.
The victim's testimony, corroborated by medical evidence, and lack of enmity between the parties, led to the court's finding of guilt. The accused's young age was not considered a mitigating circumst....
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