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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.JOSHI
Mohammad Mustafa Matiulla Khan – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. conviction and order details (Para 1 , 2) |
| 2. case background and prosecution efforts (Para 3 , 4) |
| 3. arguments regarding victim's testimony (Para 5 , 6) |
| 4. court's perspective on witness reliability (Para 7 , 9 , 11) |
| 5. assessing evidence and the burden of proof (Para 10 , 12 , 14) |
| 6. outcome of the appeal (Para 15 , 16) |
JUDGMENT :
R.M. JOSHI, J.
1. This Appeal is directed against judgment and order dated 2nd February 2023 passed in POCSO Special Case No.99 of 2017 whereby the Appellant/Accused is convicted for the offences punishable under Section 376 (2)(n), 323, 509, 506(II) and sentenced to suffer 7 years and to pay fine of Rs.1,000/- each and in default simple imprisonment for 10 and 2 days each.
2. The facts which led to the filing of the present Appeal can be narrated in brief as under:-
The prosecution case proceeds on the basis of First Information Report (‘FIR’ for short) lodged by the Informant, who is a relative of the victim. It is stated there in that the victim visited the house of the Informant on 16th December 2016 making grievance in respect of she being beaten by her father (Accused). On 19th December 2016 she again came back to the house of the Informa
In cases of sexual offences against minors, the victim's testimony must be consistent and credible; inconsistencies can challenge the conviction, whereas corroborative evidence is often unnecessary i....
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
The consistent testimony of a minor victim is sufficient to support a conviction under the POCSO Act, despite minor inconsistencies in medical evidence.
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....
Child victim's testimony in POCSO cases given due weightage if consistent despite minor discrepancies; corroborated by independent witness and vaginal redness suffices; core facts proved raises Secti....
In cases of sexual assault against minors, credible testimony from the victim can suffice for conviction without corroboration, emphasizing the need for sensitivity in handling such cases.
Conviction for sexual assault can be based on the sole testimony of the victim if deemed credible, despite minor discrepancies in their statements.
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