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RAMESH SINHA, N. K. CHANDRAVANSHI
Satauram Mandavi S/o Aayturam Mandavi – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. The appellant has preferred this appeal under Section 374(2) of Cr.P.C. questioning the impugned judgment dated 30.11.2021 passed in POCSO Case No. 25/2019 by which the learned Additional Sessions Judge (F.T.C.), Kondagaon, District Kondagaon has convicted the appellant under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act, 2012) and sentenced him to undergo life imprisonment with fine of Rs.10,000/- and in default of payment of fine, to undergo further rigorous imprisonment for one year.
2. Case of the prosecution, in short, is that on 26.06.2019, the appellant lured the prosecutrix who is a minor girl aged about 5 years and took her to his house and committed rape upon her.
3. The first information report (for short, the FIR), (Exhibit P/5) was lodged by the father of the prosecutrix namely Mansai Markam (PW-3) at Police Station, Vishrampuri, District Kondagaon, on 26.06.2019 at 11:00 hours. The said FIR was registered by Sunita Uikey (PW-9) Assistant Sub Inspector, under Section 376 of the Indian Penal Code (for short, the IPC) and Section 4 of the POCSO Act.
4. In the FIR, it was alleged by the complaina
The judgment establishes the importance of proving the victim's age in cases of sexual offenses against minors and highlights the legal provisions under the POCSO Act and the Indian Penal Code for de....
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
The main legal point established in the judgment is the strict application of the POCSO Act and IPC provisions to convict the appellant for sexually assaulting a minor girl below 12 years of age. The....
The burden of proof under Sec. 29 of the POCSO Act, consistency of evidence, and the applicability of relevant sections of the POCSO Act and IPC in cases of sexual offenses against minors.
The victim's testimony in sexual assault cases should be weighed on reliability rather than strict corroboration, reflecting the trauma and context of the crime.
The victim's testimony in sexual assault cases is entitled to great weight, and corroboration is not essential for conviction. The court must be sensitive and careful in evaluating the evidence, and ....
The consent of a minor girl in case of sexual intercourse is immaterial and amounts to rape.
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