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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
NEERAJ P.DHOTE
Gopal S/o. Manik Biradar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual basis of the prosecution's case. (Para 1 , 2 , 6) |
| 2. arguments presented by both parties. (Para 3 , 4 , 5) |
| 3. analysis of sexual intent and evidence. (Para 10 , 11) |
| 4. court's final decision on the appeal. (Para 12) |
JUDGMENT :
NEERAJ P. DHOTE, J.
1. This Criminal Appeal is directed against the Judgment and Order dated 13.01.2022, passed by the learned Additional Sessions and Special Judge-2, Udgir in Spl. (POCSO) Case No.7/2019 convicting the Appellant for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act ( for short, ‘POCSO’) and sentencing him to suffer three (3) years Rigorous Imprisonment and fine of Rs.15,000/- (Fifteen Thousand), in default to undergo Rigorous Imprisonment for three (3) months, and further convicting him for the offence punishable under Section 354A(1) of the Indian Penal Code, 1860 (hereinafter referred to as the ‘ IPC ’) and sentencing him to suffer Rigorous Imprisonment for six (6) months and fine of Rs.10,000/- (Rs. Ten Thousand), in default to undergo Rigorous Imprisonment for one (1) month.
2. The Prosecution’s case, in brief, as seen from the Police Report, is as under:
2.1. The Victim was
The conviction under the POCSO Act and IPC was upheld based on the victim's credible testimony and the established sexual intent of the Appellant.
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The prosecution must prove the age of the victim beyond reasonable doubt in cases involving sexual offences under the POCSO Act, and the absence of reliable evidence can lead to acquittal.
The appellant's actions constituted sexual intent under the POCSO Act; the court presumes culpable mental state which the appellant failed to rebut.
The court affirmed the conviction under the POCSO Act and IPC, finding sufficient evidence of sexual intent despite the appellant's claims of a lack of intent, supported by victim corroboration and a....
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
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.
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
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