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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREERAM V.SHIRSAT
Shobhit Kumar, S/o. Devi Charan – Appellant
Versus
State, Through Public Prosecutor High Court of Goa Parvorim – Goa – Respondent
| Table of Content |
|---|
| 1. conviction appealed for kidnapping minor and rape. (Para 1 , 2 , 3 , 4 , 5) |
| 2. defence claims consensual affair; prosecution rebuts. (Para 8 , 9) |
| 3. victim testimony and medical evidence corroborate assault. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. precedents distinguished; victim's credible testimony prevails. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 5. investigation lapses cause no prejudice to accused. (Para 40 , 41 , 42 , 43 , 44) |
| 6. suicide threat entices minor from guardian's custody. (Para 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
| 7. medical evidence proves penetrative sexual assault. (Para 53 , 54 , 55) |
| 8. minor under 18 cannot consent to intercourse. (Para 56 , 57 , 58 , 59 , 60 , 61) |
JUDGMENT :
SHREERAM V. SHIRSAT, J.
1. The present appeal has been filed by the Appellant challenging the impugned judgment and order dated 16/01/2023 passed by the Fast Track, Special Court, POCSO at Panaji in Sessions Case No. 4 of 2022 by which the Appellant herein has been convicted for the offences punishable under Sections 363, 376 of IPC and under Section 4 of the POCSO Act. The Appellant is sentenced to
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....
The consent of a minor is not recognized in the eyes of the law, and actions involving a minor's enticement and physical relations can constitute kidnapping and aggravated penetrative assault under t....
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
The burden of proof lies with the prosecution, and statutory presumptions do not relieve the prosecution from proving its case. Witness testimonies and evidence must be conclusive to establish guilt.
The judgment reinforces the legal principle that the exploitation of a position of trust, particularly by a teacher towards a minor, constitutes a serious offense under both the IPC and the POCSO Act....
The prosecution must prove the age of the victim beyond reasonable doubt in cases involving sexual offences under the POCSO Act, and the absence of reliable evidence can lead to acquittal.
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