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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.JOSHI
Sanjay Hardas Bhagchandani – Appellant
Versus
State of Maharashtra – Respondent
Judgment:
1. By the judgment and order dated 14th September 2022 passed in Special (POCSO) Case No.562 of 2020, the appellant is convicted for the offences punishable under Sections 376(2)(f)(n) and 506 of the Indian Penal Code, 1860 (for short “the IPC”) and Section 6 of the Protection of Children Against Sexual Offences, 2012 ( for short “the POCSO Act”) and sentenced to suffer rigorous imprisonment for 20 years and 2 years with fine of Rs.25,000/- and 5000/- respectively. Being aggrieved by the said judgment, the present appeal.
2. It is the case of the prosecution that on 7th October 2020, the victim at the time of lodging of the report was about 18 years of age, she claimed that in April 2019, she took admission in a tutorial at Vashi for 12th Standard Account subject. The accused used to teach accounts. She claims herself to be a bright student and stood first in the class. This fact was appreciated by the accused and the accused used to throw ice- cream party as and when she received first rank in the examination. It is further claimed by the victim that in October 2019, accused told her that he has prepared special notes of accounts subject, which are meant only for her and t
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
Conviction for sexual assault on a minor can rely on the sole testimony of the victim, established as credible, despite minor discrepancies in narrative and delays in reporting.
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....
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
The victim's testimony, corroborated by medical evidence, and lack of enmity between the parties, led to the court's finding of guilt. The accused's young age was not considered a mitigating circumst....
The presumption under the POCSO Act is rebuttable and requires foundational facts to be established beyond reasonable doubt for conviction.
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