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G. A. SANAP
Surendra – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT (ORAL)
Heard.
2. In this appeal, challenge is to the judgment and order dated 23.02.2021 passed by the learned Additional Sessions Judge and Special Judge, Amravait, in Spl. Case No.57/2019, whereby the learned Judge convicted the appellant for the offences punishable under Sections 376(2)(i)(f)(j)(n), 323 and 506 of the Indian Penal Code and under Sections 4, 8, and 12 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act”). The learned Judge sentenced the appellant to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/- and, in default, to suffer rigorous imprisonment of six months for the offence punishable under Section 376(2)(i)(f)(j) of the Indian Penal Code. No separate sentence has been awarded for the other proved offences.
3. Background facts:-
4. The victim girl is a daughter of the appellant. The crime was registered on the report of the victim girl. The case of the prosecution, which can be unfolded from the report and other material is that the victim girl, the appellant-father, the younger brother and the mother of the appellant used to reside together. The victim girl on the date of the incident was 14 year
(1) Delay – Delay per se cannot be the ground to discard and disbelieve the otherwise credible and trustworthy evidence of the prosecution witness. (2) Delay – If the prosecution is able to prove the....
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond 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 judgment reinforces the importance of corroborative evidence in sexual assault cases, particularly when the victim is a minor, and clarifies the legal standards for assessing credibility and dela....
The court upheld the conviction of a father for sexually assaulting his minor daughter, emphasizing the importance of corroborative evidence and the impact of familial trust on the victim's disclosur....
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