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IN THE HIGH COURT OF BOMBAY AT GOA
ASHISH S.CHAVAN
Seftin Raza Kosambi, S/o. Mohammed Yusuf Kosambi – Appellant
Versus
State of Goa, (through) The Public Prosecutor, High Court of Bombay at Goa – Respondent
| Table of Content |
|---|
| 1. appeal challenges pocso conviction for minor rape. (Para 1 , 2 , 3 , 4) |
| 2. witnesses corroborate sexual intercourse with minor. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. trial court convicts on evidence despite kidnapping acquittal. (Para 12 , 13 , 14 , 15) |
| 4. consent defence invalid for minors under pocso. (Para 16 , 17 , 18 , 19 , 20) |
| 5. pocso defines child under 18; consent immaterial. (Para 21 , 22) |
| 6. victim testimony confirmed by medical forensic evidence. (Para 23 , 24 , 25 , 26) |
| 7. pocso presumptions unrebutted; kidnapping irrelevant. (Para 27 , 28 , 29) |
| 8. minimum 10-year ri sentence mandatory. (Para 30) |
| 9. no leniency absent marriage; precedents distinguished. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 10. appeal dismissed; conviction and sentence upheld. (Para 41 , 42) |
JUDGMENT :
ASHISH S.CHAVAN, J.
1. By way of the present Appeal, the Appellant has challenged the judgment and order dated 11.04.2025 and 21.04.2025 passed by the learned Special Court, POCSO, Panaji, Goa, in Sessions Case No.26/2022 convicting him for offences punishable under Section 376 of IPC and Section 4 of POCSO Act, 2012. The substantive sentence under of is 10 years of rigorous i
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It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
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....
(1) It is only when there is penetrative sexual assault which implies sexual contact with or without consent of minor victim, that offences under POCSO Act are committed.(2) Only in absence of birth ....
Sections 3 of Protection of Children from Sexual Offences Act, 2012 reads as penetrative sexual assault.
The consent of a minor for sexual intercourse is of no consequence under POCSO Act and IPC 375, and the absence of enticement or inducement is crucial in determining the offence of kidnapping under I....
The court established that unreliable age evidence and inconsistencies in the victim's account, coupled with her prior consent, undermined the conviction under the POCSO Act.
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