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SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARI
Santosh Yadav S/o Sonsingh Yadav – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal preferred by the appellant herein under Section 374(2) of the Code of Criminal Procedure is directed against the impugned judgment of conviction and order of sentence dated 22.1.2016 passed by the learned Special Judge, Kabirdham (Kawardha) (CG) in ST No.144/2015, whereby, the learned Special Judge has convicted and sentenced the appellant in the following manner :
| Conviction | Sentence |
| Section 363 of the IPC | RI for 7 years |
| Section 366 of the IPC | RI for 10 years |
| Section 376 of the IPC | RI for 10 years |
| Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act | Life Imprisonment |
| Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act | RI for 5 years |
| Section 3 & 4 of the Protection of Children from Sexual Offences Act, 2012 (in short “the POCSO Act”) | RI for 7 years |
2. Case of the prosecution, in brief, is that on 26.7.2015, at about 7:00 p.m., in Gram Maradabhra, Police Station Chilphi, the appellant abducted
As per Section 3(1)(xii) of said Act, it must be proved that accused was in a position to dominate will of a woman belonging to a Scheduled Caste or Scheduled Tribe Community and uses that position t....
Rape of minor girl – Merely because victim was a member of scheduled tribe community, it cannot be assumed that appellant was able to dominate her will to exploit her sexually.
The main legal point established in the judgment is the requirement to establish necessary ingredients for the offence under Section 3(2)(v) of the SC/ST Act, including the commission of the offence ....
The prosecution must establish that an offence under the SC/ST (POA) Act was committed specifically because the victim belongs to a Scheduled Caste, and the accused must have actual control over a ju....
For conviction under the SC/ST Act, prosecution must prove both caste identity and an intent to harm due to that identity; lack of such proof invalidates the charge.
The court emphasized the need to carefully consider the entire testimony of a victim, especially in cases where the victim may have limited understanding or education. The judgment also clarified the....
The main legal point established is the requirement of clear evidence to prove the commission of offences and the careful consideration of legal provisions and precedents in reaching a decision.
The prosecution must establish the victim's age and the accused's intent beyond reasonable doubt in cases of sexual offences, and mere allegations without corroborative evidence are insufficient for ....
Rape – Consent of minor has no legal sanctity.
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