Back
GOUTAM BHADURI, SANJAY KUMAR JAISWAL
Rajendra Singh @ Vicky S/o Naresh Singh Rajput – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY KUMAR JAISWAL, J.
1. The present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is directed against the judgment of conviction and order of sentence dated 14.02.2020 passed by the Special Judge under Protection of Children from Sexual Offences Act, 2012, Janjgir, District Janjgir-Champa, Chhattisgarh in Special Sessions Trial No. 50 of 2019. By the impugned judgment, the appellant has been convicted under Section 376 (a), (b) of IPC & Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and sentenced greater degree under Section 6 of POCSO Act to undergo rigorous imprisonment for 20 years and to pay fine of Rs.1,000/- in default of payment of the fine amount, he would further undergo imprisonment for 3 months.
2. The case of the prosecution, in brief, is that on 13.12.2019, Saroj Tiwari (PW-3) lodged a written complaint (Ex.P/1) stating that between 04.00-04.30 P.M. she was returning along with her husband to Janjgir from Sector Kosmanda of Baloda after attending the meeting of Anganwadi Workers. When she reached Darrabhata, she saw that a minor girl is travelling with the driver of m
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
The court upheld the conviction under IPC and POCSO Act, emphasizing strong corroborative evidence and strict standards for sentencing in cases involving minors.
[The judgment establishes that corroborative evidence, including medical reports and witness testimonies, is crucial in sexual assault cases, particularly when the victim is a minor. The court emphas....
The testimony of a child victim can be adequate to support a conviction if corroborated by consistent secondary evidence and medical findings.
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 testimony of the victim of sexual assault is vital and can be relied upon without corroboration, and delay in lodging a complaint does not necessarily indicate falsehood.
The testimony of the victim of sexual assault is vital and more reliable than that of an injured witness. Conviction can be founded on the testimony of the prosecutrix alone unless there are compelli....
Attempt to outrage modesty of minor girl – Testimonies of prosecutrix as well as other witnesses cannot be wiped out on the basis of trivial contradictions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
