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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.JOSHI
Shahnawaz @ Taufik Mohammed Sagir Qureshi – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. details of the victim's testimony and evidence. (Para 2 , 3 , 4 , 10) |
| 2. defense arguments regarding false implication. (Para 6 , 7 , 15) |
| 3. the court confirms victim's minor status and prosecution's burden. (Para 8 , 9 , 11) |
| 4. presumption of guilt under pocso act. (Para 12 , 13 , 14) |
| 5. consent and objections of the victim are legally irrelevant. (Para 16 , 17 , 18) |
| 6. final dismissal of the appeal. (Para 19) |
JUDGMENT :
R.M. JOSHI, J.
1. This appeal takes exception to the judgment and order dated 4th May 2023 passed in POCSO Special Case No.872 of 2020 convicting the appellant/accused for the offences punishable under Sections 376 and 354-A of the Indian Penal Code 1860 (for short " IPC ") and Sections 6 , 10 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") and sentenced him to suffer rigorous imprisonment of 20 years with fine.
2. It is the case of prosecution that the victim aged 5 years is neighbour of the accused. When the victim went to the house of the accused to play with his daughter, on 3rd August 2020, she told her mother/informant about accused having touched her chest, cheeks and lips and also kissed her on her lips. T
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 victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The judgment reinforces the evidentiary standards in sexual assault cases involving minors, highlighting the importance of witness credibility and medical corroboration.
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.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
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 competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The testimony of a victim is sufficient for conviction in sexual assault cases if consistent and credible, reinforced by supporting evidence.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
The central legal point established is the requirement for proper identification of the accused, the need for conclusive medical evidence in sexual assault cases, and the impact of discrepancies in t....
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