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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR
NIVEDITA P.MEHTA
Nalin @ Narendra, S/o Bhagwan Nitnaware – Appellant
Versus
State of Maharashtra, through the Police Station Officer of Police Station Wadi, Nagpur – Respondent
JUDGMENT :
NIVEDITA P. MEHTA, J.
The present appeal challenges the judgment and order of conviction dated 29th April 2022, passed by the learned Special Judge (POCSO) and District and Session Judge-11, Nagpur in Special Case No. 50 of 2019, whereby the appellant (original accused No. 1) was convicted for offenses punishable under Sections 376(2)(k), 376(2)(n), 376(3), 323 and 324 of the Indian Penal Code, 1860 (hereinafter referred to as IPC), and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act). The trial court by invoking section 42 of the POCSO act held that the punishment as under section 376(3) of IPC is greater in degree and therefore the learned trial court had sentenced the appellant/accused as under:
For offense punishable under Section 376(3) of the IPC, the appellant was sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs 10,000/-, and in default of payment of fine, he was to suffer simple imprisonment for one year. For the offense punishable under Section 323 of the IPC, the appellant was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs 500/-
In sexual offenses against minors, the sole testimony of the victim is sufficient for conviction if deemed credible, even in the absence of corroborative evidence.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
The court upheld the conviction of a father for sexually assaulting his minor daughter, emphasizing the importance of corroborative evidence and the impact of familial trust on the victim's disclosur....
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
The testimony of the prosecutrix, if creditworthy and trustworthy, can be the sole ground for convicting the accused in cases of sexual assault, and corroboration of her testimony is not essential. T....
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