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K. LAKSHMAN, P. SREE SUDHA
Deep Singh, Deep Singh, Deepu – Appellant
Versus
State of Telangana – Respondent
JUDGMENT
P. Sree Sudha, J.—This Criminal Appeal is filed against the Judgment dated 15.10.2018 in S.C. PCS No.47 of 2018 passed by the learned I Additional Metropolitan Sessions Judge-cum-Special Judge for Trial Of Cases under Protection Of Children From Sexual Offences Act, 2012, Hyderabad.
2. The case of the prosecution is that the appellant/accused alleged to have raped the victim child and thus it is alleged that accused committed offences punishable under Section 5 (i) (m) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 376 (2)(i)(m) of IPC. To prove the guilt of the accused prosecution examined P.Ws.1 to 9 and marked Exs.P1 to P11 on their behalf and also marked M.Os.1 to 4. Exs.D1 and D2 were marked on behalf of defence. The Trial Court after considering the arguments of both sides and also the entire evidence on record, convicted the accused under Section 235(2) of Cr.P.C and in view of Section 42 of POCSO Act, sentenced him to undergo life imprisonment with a fine of Rs.2,000/-, in default to suffer simple imprisonment for a period of three months for the offence punishable under Section 5(i)(m) r/w 6 of the POCSO Act, 2012. Aggrieved by the s
Compensation to victim of sexual assault – Quantum of compensation shall be fixed taking into consideration loss and injury suffered by victim and other related factors – DLSA is under legal obligati....
The judgment underscores the requirement for a high standard of proof in grave crimes and the presumption of innocence for the accused, emphasizing the need for thorough investigation to connect the ....
The judgment reinforced the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of victim testimony and medical evidence in securing convictions.
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
In sexual assault cases, the victim's testimony must be credible and corroborated by reliable evidence to support a conviction.
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
The main legal point established in the judgment is the requirement for foundational facts to activate the statutory presumption under Section 29 of the POCSO Act and the need for the accused to crea....
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