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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
G.A.SANAP
Sk. Jafar Sk. Khalid – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
G.A. SANAP, J.
1. In this appeal, challenge is to the judgment and order dated 21.09.2017, passed by learned Sessions Judge, Amravati in Special Case (POCSO Act) No. 109 of 2015, whereby the learned Judge convicted the appellant for the offences punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for short) and under Section 451 of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for three years and six months and to pay fine of Rs.5,000/- and in default to suffer SI for one year for the offence punishable under Section 8 of the POCSO Act and rigorous imprisonment for one year and to pay fine of Rs.2,000/- and in default to suffer SI for two months for the offence punishable under Section 451 of the IPC.
2. BACKGROUND FACTS :
The report in this case was lodged by the victim girl, who on the date of commission of the offence was 14 years old. The prosecution case, which can be unfolded from the report is that the appellant is the neighbour of the victim girl. On 14.02.2015, the victim was alone at her house. The appellant committed house trespass with an intention to commit a
The appellant's actions constituted sexual intent under the POCSO Act; the court presumes culpable mental state which the appellant failed to rebut.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The conviction under the POCSO Act and IPC was upheld based on the victim's credible testimony and the established sexual intent of the Appellant.
The judgment reinforces the evidentiary standards in sexual assault cases involving minors, highlighting the importance of witness credibility and medical corroboration.
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