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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Yakub Khan S/o Late Shri Rauf Khan – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment dated 24.03.2023 passed by the Additional Sessions Judge F.T.S.C. (POSCO), Korba, District – Korba (C.G.), in Special Case (POCSO) Case No.45/2021, whereby the learned Additional Sessions Judge has convicted the appellant for offences punishable under Sections 365 and 376(2)(n) of the Indian Penal Code (hereinafter called as ‘IPC’) and sentenced to undergo RI for 7 years and fine of Rs.500/-, in default of payment of fine to further undergo RI for 6 months and imprisonment for life (which means imprisonment for the remainder of his natural life) and fine of Rs.500/-, in default of payment of fine to further undergo RI for six months.
2. Case of the prosecution, in brief, is that the victim/prosecutrix (PW-1) lodged the FIR (Ex.P-21) on 22.10.2018 at Police Station Kotwali stating inter-alia that on 19.10.2018 at about 10 P.M. she was returning back to her house alongwith her grand mother (PW-3) and other children, it is alleged that her grandmother was walking in front of them and they were walking behind her, then only friend of her uncle
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 ....
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The court upheld the conviction of the appellants for sexual offences against a minor, emphasizing the credibility of the victim's testimony and corroborative evidence.
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