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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
Mohammad Shahjad Amir Hasan Shaikh – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MANISH PITALE, J.
1. The appellant has been convicted of raping his own minor daughter. He is aggrieved by judgement and order dated 12.03.2020, passed by the Special Court for Protection of Children from Sexual Offences Act, Greater Bombay (hereinafter referred to as the Trial Court) in POCSO Case No. 485 of 2018. By the said judgement, the appellant has been convicted for offences under section 376(2)(f) of the Indian Penal Code (hereinafter referred to as the IPC) and under sections 6 and 9(n) read with section 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act). Upon his conviction, the appellant has been sentenced to suffer rigorous imprisonment for life, which is for the remainder of his natural life and he is also liable to pay fine of Rs. 1000 and in default of payment of fine, to suffer simple imprisonment for 6 months.
2. The prosecution case is triggered by the statement given by the victim i.e. the daughter of the appellant. On 27.07.2018, she gave her statement to the police, which resulted in registration of FIR, wherein the appellant was named as the accused person. In her statement, she gave details of h
School records based on parental statements given primacy over ossification tests for proving minor victim's age in POCSO cases; sole credible testimony of prosecutrix sufficient for convicting fathe....
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
The prosecution must prove a victim's age beyond reasonable doubt, and consent negates charges of kidnapping and rape when the victim willingly engages in a relationship.
In sexual offences against minors, the victim's credible testimony can suffice for conviction, especially when corroborated by medical evidence, thus establishing statutory presumption of guilt.
The court emphasized that mere admissibility of evidence does not establish its probative value, particularly when witness testimonies are inconsistent and influenced, raising reasonable doubt regard....
The determination of a victim's age, especially in cases involving minors, relies on the presumption of minority based on credible evidence such as school records and medical examination. The evident....
The prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
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