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RAMESH SINHA, N. K. CHANDRAVANSHI
Guddu Poyam S/o Late Shri Budhram Poyam – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. This criminal appeal under Section 374(2) of the CrPC is directed against the judgment dated 15.11.2022 passed by the Additional Sessions Judge (FTC), South Bastar Dantewada in Special Sessions (POCSO) Case No.37/2018, whereby the learned Additional Sessions Judge has convicted the appellant for offences punishable under Sections 363, 366A and 376(3) of the Indian Penal Code (hereinafter called as ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as ‘POCSO’) and sentenced to undergo RI for three years and fine of Rs.500/-, in default of payment of fine to further undergo RI for one year, RI for three years and fine of Rs.500/-, in default of payment of fine to further undergo RI for one year and RI for twenty years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for one year. The trial Court has not awarded separate sentence to the appellant under Section 6 of the POCSO Act.
2. Case of the prosecution, in brief, is that on 24.09.2018 at about 10 o’clock, the accused committed the offence of inducing the minor prosecutrix out of the lawful guardianship without her parents conse
The prosecution must prove charges beyond reasonable doubt, and the lack of evidence can result in acquittal.
The judgment emphasizes the admissibility of school registers to determine the age of a minor, the reliability of the victim's testimony in sexual offence cases, and the mandatory minimum sentences u....
The court affirmed the importance of credible evidence in sexual offense cases against minors while upholding the conviction for unlawful abduction but not for rape due to lack of proof.
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 ....
Prosecution must prove the age of the victim to secure conviction under relevant IPC sections; evidentiary discrepancies can lead to acquittal.
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