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R. G. AVACHAT, NEERAJ P. DHOTE
Shashikant @ Dada S/o Bhaurao Garad – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Neeraj P. Dhote, J.—This is an Appeal under Section 374(2) of the Code of Criminal Procedure [for short ‘CrPC’] against the conviction of the Appellant for the offences punishable under Sections 376 (2)(i), 506 of the Indian Penal Code, 1860 [for short “IPC”], under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 [for short “POCSO Act”] and under Sections 3(1) (r) (s) (w) and 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as “the SC ST Act”], recorded by the learned Additional Sessions Judge, Kopargaon vide Judgment and Order dated 16.10.2019 passed in Spl. Case No. 26 of 2018 arising out of the Crime No. 33/2018 registered with Kopargaon City Police Station on the report lodged by Victim’s father - Balu Popat Gangurde (PW5).
2. Prosecution’s case as revealed from the Police report is as under:—
2.1. The informant is the father of the Victim girl and belongs to Scheduled Tribe category. He resides with his family comprising wife, two daughters including Victim girl and son, at Gaware Vasti, Kopargaon. On 18.02.2018, the informant had gone to Mukhed, Taluka Yeola, Dist. Nas
Determination of age – Wherever dispute with respect to age of a person arises in context of her or him being a victim under POCSO Act, courts have to take recourse to steps indicated in Section 94 o....
Prosecution failed to sufficiently prove the victim's age or the alleged offences, resulting in the acquittal of the accused due to insufficient evidence.
The prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
Prosecution must establish victim's age and consent beyond reasonable doubt; reliance on unverified documents and lack of corroboration leads to acquittal in sexual assault cases.
The prosecution must prove foundational facts, including the victim's age, beyond reasonable doubt, even under statutory presumptions of the POCSO Act.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
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 main legal point established in the judgment is the reliance on school records, legal precedents, and medical evidence to establish the victim's age and prove the aggravated penetrative sexual as....
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