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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
G.A.SANAP
Syed Iqbal Syed Gafur – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
G.A. SANAP, J.
1. In this appeal, challenge is to the Judgment and order, dated 18.11.2022, passed by the learned Additional Sessions Judge, Yavatmal, whereby the learned Judge convicted the appellant for the offences punishable under Sections 363, 506 and 376(2)(n) of the Indian Penal Code (for short, ‘the I.P.C.’) and also for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act (for short, ‘the POCSO Act’). He is sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.5,000/-, in default to suffer further rigorous imprisonment for six months for the offence punishable under Section 363 of the IPC, rigorous imprisonment for 3 years and to pay a fine of Rs.5000/-, in default to suffer rigorous imprisonment for six months for the offence punishable under Section 506 of the I.P.C., rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/-, in default to suffer simple imprisonment for six months for the offence punishable under Section 6 of the POCSO Act. No separate sentence is awarded for the commission of offence punishable under Section 376(2)(n) of the I.P.C.
2. Background facts:
PW-1 is the victim g
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 prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The central legal point established in the judgment is the stringent burden of proof required in cases involving offences against minors, emphasizing the necessity of credible evidence to establish g....
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
The main legal point established in the judgment is the importance of proving the age of the victim to establish the commission of offences under the POCSO Act. The judgment emphasizes the admissibil....
The prosecution must provide credible evidence to prove a victim's age under POCSO, as failure to establish this undermines the validity of sexual offense charges.
The main legal point established in the judgment is the reliance on school records, legal precedents, and medical evidence to establish the victim's age and prove the aggravated penetrative sexual as....
The appellant was convicted under the POCSO Act and IPC, with the court affirming the victim's status as a child and dismissing arguments regarding consent and evidence discrepancies.
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