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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.MODAK
XYZ – Appellant
Versus
Arun Shankar Khutale – Respondent
JUDGMENT :-
S. M. MODAK, J.
1. The Appellant (the mother of the victim, who is a minor girl) is 2025.11.04 +0530 aggrieved by the judgment of acquittal pronounced by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”, hereinafter) Greater Mumbai, on 27th August 2021. She intends to challenge the said judgment. The offences are under Section 354 of the INDIAN PENAL CODE , 1860 (“IPC, for short”) and under Sections 8 and 12 of the POCSO Act. The case is registered as POCSO CASE NO. 712 of 2018.
2. This is a case instituted on a police report. The Appellant has sought for leave to prefer an Appeal. The First-Informant being the mother of the victim has also to be treated as a victim. With consent, I have heard learned Advocate Shri Bardeskar for the Appellant and learned Advocate Ms. Anjali Patil for Respondent No.1/Accused and learned APP. The Appeal is taken up for final hearing at an admission stage. Leave granted. Admit the appeal, copies of evidence is already on record.
3. It is an admitted fact that at the time of giving of evidence, the victim was not available as she died on 12th May 2019. There are two witnesses examined on behalf of
Presumptions under the POCSO Act require foundational facts to be proven; without direct evidence, mere hearsay is insufficient for conviction.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The statement of a deceased victim recorded under Section 164 CrPC is not substantive evidence and cannot solely support a conviction; the prosecution must prove the victim's age and provide corrobor....
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
Sexual Assault - Recording of confessions and statements - Conviction upheld - Evidence of prosecution witnesses as well as initial statement given by victim child under Section 164 of Cr.P.C. substa....
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
The testimony of a victim is sufficient for conviction in sexual assault cases if consistent and credible, reinforced by supporting evidence.
The victim's testimony does not require corroboration if it inspires confidence and is found to be worthy of credence. The burden is on the accused to disprove the prosecution case.
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