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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SARANG V.KOTWAL
Sudhir Laxman Sonawane – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SARANG V. KOTWAL, J.
1. The Appellant was the original accused in POCSO Case No.490 of 2014. The learned Designated Court under the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’), Greater Mumbai, vide the Judgment and order dated 26.07.2017 convicted the appellant for commission of the offences punishable under sections 376, 354, 342 and 170 of the I.P.C. along with Sections 4, 10 and 12 of the POCSO Act. Considering the greater degree of sentences provided U/s.376 of the IPC and Section 4 of the POCSO Act than the other offences, the appellant was sentenced to suffer R.I. for 14 years and to pay a fine of Rs.50,000/- and in default of payment of fine to suffer R.I. for six months. Out of the fine amount, Rs.40000/- were directed to be paid to the victim by way of compensation. In addition, since the compensation was not adequate for the victim’s rehabilitation, the District Legal Services Authority was recommended to pay adequate compensation to the victim as per amended Section 357-A, Sub Clause (1) of Cr.P.C. The appellant was in custody from 19.09.2014. He was given set off U/s.428 of the Cr.P.C.
2. The Appellant has challenged
Minor penetration constitutes sexual assault under the POCSO Act, validating the conviction; the court modified the sentence in consideration of prior incarceration.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
The immediate disclosure of a sexual offence by a child victim, corroborated by credible testimony, can be crucial in establishing the prosecution's case beyond reasonable doubt.
The main legal point established in the judgment is the reliance on consistent evidence and medical reports to prove the offense of sexual assault, while disbelieving the appellant's defense.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The appellant's position of trust and authority over the child victim led to his conviction under Section 6 of the POCSO Act.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
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