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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.JOSHI
Pradip Prakash Baikar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
R.M. JOSHI, J.
1. Appellant/convict takes exception to the judgment and order dated 07.06.2022 passed in Special Case No.16 of 2014, whereby the Appellant came to be convicted for the offences punishable under Section 376(2)(i), 506 of IPC and Section 6 and 10 of the Protection of Children from Sexual Offences, Act 2012 (‘POCSO’ for short), sentenced to suffer maximum sentence of imprisonment of 10 years with fine, with default sentence.
2. First informant i.e. mother of the victim lodged report to the Ghatkopar Police Station informing about the occurrence of the incident prior to 4 days of lodging of the report. According to the informant, on 26.08.2013 victim complained to her mother about stomach pain. On questioning her about the reason for the same, she disclosed that prior to 4 days a man residing in front of the house called her on the pretext of giving food articles. He thereafter, removed her clothes and committed sexual intercourse with her. Informant further states that her husband came back home at about 09.00 p.m. and thereafter, he called his brother. On the advice of his brother, they went to the police station and lodged report. Investigation was carried ou
Rape and criminal intimidation of minor girl – Once prosecution proves core and fundamental facts which lead to proof of act of commission of offence, presumption can be raised in view of Section 29 ....
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 consistent testimony of a minor victim is sufficient to support a conviction under the POCSO Act, despite minor inconsistencies in medical evidence.
In cases of sexual offences against minors, the victim's testimony must be consistent and credible; inconsistencies can challenge the conviction, whereas corroborative evidence is often unnecessary i....
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
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 main legal point established in the judgment is the reliance on corroborative evidence, including medical reports and witness testimony, to establish the commission of sexual offences. Additional....
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