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ROHIT B. DEO, URMILA JOSHI-PHALKE
Harishchandra Sitaram Khanorkar – Appellant
Versus
State of Maharashtra, Through Police Station Officer – Respondent
JUDGMENT
Urmila Joshi-Phalke, J.—Heard finally with the consent of learned Counsel for the parties.
2. The appellant herein is convicted for the offences punishable under Section 376(2)(f)(j)(i)(n) of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.25,000/- in default to suffer simple imprisonment for a period of one year.
3. The prosecution case in brief is as under:—
[A] On 02/12/2013, mother of the victim girl had lodged report at police station Hudkeshwar, Nagpur alleging that victim is her daughter. Father of the victim is not alive and informant who is the mother had performed second marriage. The accused Harishchandra Khanorkar whom she used to treat as her brother. She was working as a domestic servant in the house of accused. Her daughter who is the victim was staying with accused in his family consist of his daughter and son. Informant further alleged that after she performed second marriage, victim continued to stay along with the accused. Accused admitted victim in the school and victim is now studying in the 11th standard. Before a month victim approached to her at her house on 28/11/2013 and complained about abdominal pain
(1) Sexual activities with young girl of immature age have a traumatic effect on them which persists throughout their life and often destruct whole personality of victim.(2) DNA testing has an unpara....
The judgment emphasizes the importance of protecting children from sexual offenses, the significance of DNA evidence in criminal cases, and the need for sensitivity in handling rape cases.
The court affirmed that the victim's testimony, supported by medical and DNA evidence, is sufficient for conviction in sexual assault cases, emphasizing the importance of her age and the nature of th....
The conviction of the accused for sexual assault and kidnapping of a minor was upheld based on the victim's credible testimony and corroborative medical evidence, despite the absence of independent w....
Consent obtained under a false promise of marriage from a minor is invalid, establishing the accused's guilt under relevant sexual assault laws.
The central legal point established in the judgment is the stringent burden of proof required in cases involving offences against minors, emphasizing the necessity of credible evidence to establish g....
The court affirmed that the testimony of a child victim, supported by medical evidence, is sufficient for conviction under the POCSO Act, even in the presence of a negative DNA report regarding pater....
The conviction under the POCSO Act was upheld due to credible victim testimony and corroborative evidence establishing aggravated sexual assault on a minor.
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