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SUNIL B.SHUKRE, G.A.SANAP
Siddharth @ Bollywood – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
G.A. Sanap, J.—In this appeal, challenge is to the Judgment and order, dated 15.11.2016, passed by the learned Special Judge, Wardha whereby the appellant came to be convicted for the offences punishable under Section 376 (2)(i), Section 506 of the Indian Penal Code [for short ‘IPC’] and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 [for short ‘POCSO Act’] and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- and in default of payment of fine to suffer rigorous imprisonment for six months under Section 376(2)(i) of the IPC and rigorous imprisonment for two years and to pay a fine of Rs.1000/- and in default of payment of fine to suffer rigorous imprisonment for three months under Section 506 of the Indian Penal Code. No separate sentence has been awarded for the offence punishable under Section 4 of the POCSO Act.
2. The facts leading to this appeal are as follows:—
In order to hide the identity of the minor girl in this Judgment she is referred as ‘victim’.
PW-5- Jyoti is the mother of the victim. First Information Report was registered on her oral report dated 18.01.2013. PW-5, mother of the victim, had re
Sentence must be based on comparative analysis of aggravating and mitigating circumstances.
The credibility of witnesses and corroborative evidence, such as medical examination, are crucial in establishing guilt in sexual offence cases involving minors.
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 court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The court upheld the conviction for sexual assault on a minor, emphasizing the reliability of the victim's testimony and corroborating evidence despite challenges regarding delay and medical findings....
Aggravated penetrative sexual assault – In case victim is a girl child, medical examination shall be conducted by a woman doctor.
The court established that credible witness testimony is essential in sexual assault cases, particularly involving minors, and modified the sentence based on the nature of the crime and the age of th....
(1) Penetrative sexual assault on girl child – Evidence of approximate age of victim would not be sufficient to any conclusion about exact age of victim.(2) Medical examination of accused of rape is ....
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