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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR
ANIL L.PANSARE, RAJ D.WAKODE
Suresh, S/o. Govindrao Muneshwar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. victim under six years by birth certificate. (Para 10 , 11) |
| 2. victim's consistent accusation and fear of appellant. (Para 12 , 13 , 14 , 15 , 16) |
| 3. victim's testimony corroborated despite minor inconsistencies. (Para 17 , 18) |
| 4. medical evidence proves vaginal penetration and hymen tears. (Para 19 , 20 , 21 , 22) |
| 5. finger insertion constitutes rape under ipc 375(b). (Para 23) |
| 6. dna matches victim's blood on clothes and spot. (Para 24 , 25 , 26) |
| 7. appellant's alibi and enmity defenses unsupported. (Para 27 , 28 , 29 , 30) |
| 8. ward number discrepancy not fatal to prosecution. (Para 32 , 33 , 34) |
| 9. seizure delays do not affect evidence validity. (Para 35 , 36 , 37 , 38 , 39) |
| 10. police statement reading affects probative value only. (Para 40 , 41 , 42 , 43 , 44) |
| 11. minor contradictions and non-examinations rejected. (Para 45 , 46 , 47 , 48 , 49 , 50 , 51) |
| 12. appeal against conviction dismissed. (Para 52) |
| 13. life sentence upheld for child sexual assault. (Para 53 , 54 , 55 , 56 , 57 , 58 , 59) |
JUDGMENT :
RAJ D. WAKODE, J.
Heard Mr. Anil Mardikar, learned Senior Counsel assisted by Mr. S.A. Kanetkar, learned counsel for the appellant, and Mr. S.S.Doifode, learned APP for the
Conviction for rape and aggravated penetrative sexual assault on infant girl by finger insertion upheld based on victim's reliable testimony corroborated by medical (hymenal tears) and forensic (DNA)....
Statements recorded under Section 164 of the Code of Criminal Procedure are not substantive evidence and serve only to corroborate or contradict during trial under strict procedural compliance. Conse....
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The judgment establishes the importance of corroborative evidence, the presumption of guilt under the POCSO Act, and the standard of proof required for the accused to prove innocence in cases of sexu....
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
The prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
A conviction for sexual assault cannot be sustained solely on the testimony of a prosecutrix when there are material contradictions between her statement under Section 164 CrPC and her trial testimon....
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
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