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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
| Table of Content |
|---|
| 1. conviction details and factual background. (Para 1 , 3 , 4 , 5 , 6 , 7) |
| 2. court's appreciation of victim's testimony and evidence. (Para 8 , 9 , 19 , 25) |
| 3. arguments by the appellant and prosecution. (Para 12 , 13 , 14) |
| 4. legal standards for conviction in sexual offences. (Para 27 , 32 , 34 , 38) |
| 5. final verdict and sentencing. (Para 46 , 51) |
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 IP
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....
Conviction for sexual assault can be based on the sole testimony of the victim if deemed credible, despite minor discrepancies in their statements.
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.
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