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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Revati Mohite Dere, Neela Gokhale
Vilas Laxman Chawan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Per Dr. Neela Gokhale, J.)
1. The correctness of the judgment and order dated 8th November 2017 (impugned judgment) passed by the Additional Sessions Judge, City Civil and Sessions Court, Borivali Division, Dindoshi is assailed in this Appeal. By the impugned judgment, the sole accused stands convicted for the offences punishable under Sections 363, 366A and 376(2)(f) of the Indian Penal Code. For the offence punishable under Section 363 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment (RI) for two years and to pay a fine of Rs.1,000/- and in default of the same suffer R.I. for two months. For the offence punishable under Section 366A of the IPC, he is sentenced to suffer RI for five years and to pay a fine of Rs.3,000/- and suffer RI for four months in default. For the offence punishable under Section 376(2)(f) of the IPC, he is sentenced to suffer RI for life and to pay a fine of Rs.10,000/- in default of which, suffer RI for one year. The sentences are to run concurrently. Since the Appellant is in jail from the date of his arrest, i.e., 27th June 2012, set off is granted against the sentence already undergone. An amount of Rs.7,000/- realized
The sole testimony of a victim in sexual assault cases can suffice for conviction if it is credible and inspires confidence, without needing corroboration.
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
The prosecution must prove guilt beyond reasonable doubt, especially when the primary witness turns hostile, and reliance on inconsistent testimony and improperly handled DNA evidence is insufficient....
The prosecution must prove charges beyond reasonable doubt, and evidence from vulnerable witnesses requires corroboration to ensure reliability.
The court affirmed that the victim's testimony, corroborated by DNA evidence, is sufficient for conviction in sexual assault cases, emphasizing the need for sensitivity in evaluating such evidence.
The prosecution must prove guilt beyond a reasonable doubt, and the victim's testimony must be credible and supported by evidence for a conviction in sexual assault cases.
The conviction of the accused for sexual assault and kidnapping of a minor was upheld based on the victim's credible testimony and corroborative medical evidence, despite the absence of independent w....
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