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IN THE HIGH COURT OF BOMBAY AT GOA
SHREERAM V. SHIRSAT
Martin Soares – Appellant
Versus
State – Respondent
SHREERAM V. SHIRSAT, J.
1. The present Appeal has been filed challenging the impugned Judgement and Order dated 15.02.2018 passed by the Children's Court for the State of Goa, at Panaji in Special Case No. 50/2012, by which the Appellant stands convicted for the offence punishable under Sections 341 , 354, 375(b) and 376(2)(i) of INDIAN PENAL CODE , 1860 (IPC) read with Section 2(y)(i) and (ii) punishable under Section 8(2) of the Goa Children's Act, 2003. The Appellant has been sentenced to undergo the following:
i. Simple imprisonment for one month and fine of Rs. 500/-, in default to undergo simple imprisonment for 5 days for offence punishable under Section 341 of IPC.
ii. Simple imprisonment for three years and fine of Rs. 5,000/-, in default to undergo simple imprisonment for 1 month for offence punishable under Section 354 of IPC.
iii. Rigorous imprisonment for ten years and fine of Rs. 2,00,000/-, in default, to undergo simple imprisonment for 2 years for the offence punishable under Section 376(2)(i) of IPC r/w Section 8(2) of the Goa Children's Act.
2. BRIEF FACTS OF THE PROSECUTIONS CASE
a. It is the case of the prosecution that the complaint has been filed by th
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The court upheld the conviction for attempted rape based on the victim's testimony, corroborated by a witness and medical evidence, despite challenges regarding contradictions and lack of penetration....
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
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....
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
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