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VINIT KUMAR MATHUR, CHANDRA SHEKHAR SHARMA
“B” – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
The matter was listed on an application for suspension of sentence; however, with the consent of learned counsel for the parties, the appeal itself was taken up for final hearing and disposal.
2. The Hon’ble Supreme Court in the case of Nipun Saxena & Another v. Union of India & Others (2019) 2 S.C.C. 703, and further reiterated in Birbal Kumar Nishad v. State of Chhattisgarh (SLP (Crl.) No. 4540/2021, decided on 30.06.2021), emphasized the mandatory requirement of protecting the identity of victims of sexual offences, and having regard to the provisions of Section 23 of the Protection of Children from Sexual Offences Act, 2012, this Court deems it appropriate to withhold the real name and identity of the victim and her close relatives. Accordingly, for the purpose of maintaining anonymity, the victim has been referred to as the “victim” and/or “Bh” and the accused appellant being the father of the victim has also been referred to by a fictitious name i.e. “B” in the present judgment.
3. The instant Criminal Appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the accused appellant “B” son of Shri Chatra Ram, assailing the legality and validi
q(1) Sexual offences against children – Crimes of this nature demand sternest judicial response – Imposition of punishment must be proportionate to gravity of offence and reflective of society’s coll....
Rape of girl child – Crimes of such nature warrant strongest judicial censure and imposition of deterrent punishment commensurate with their gravity – Any indulgence or misplaced leniency extended to....
In sexual offenses against minors, the sole testimony of the victim is sufficient for conviction if deemed credible, even in the absence of corroborative evidence.
The main legal point established is the reliance on credible and corroborative evidence, including victim testimony and medical reports, to establish guilt in cases of sexual assault and rape.
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
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