Back
RAMESH SINHA, N. K. CHANDRAVANSHI
Sonu Vishwakarma S/o Pardeshi @ Raju Vishwakarma – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.) questioning the judgment dated 26.05.2021 passed by the Additional Sessions Judge/First F.T.C.S. (POCSO) Bilaspur, District Bilaspur, in Special Sessions Case No. 82/2019 whereby the appellant has been convicted and sentenced as under:
| Conviction under Section | Sentence |
| 363 of Indian Penal Code | Rigorous imprisonment (RI) for 5 years (IPC) and fine of Rs. 200/-. In default, 6 months R.I. more. |
| 366-A of IPC | RI for 5 years and fine of Rs. 200/-. In default, 6 months R.I. more. |
| 376(3) of IPC | RI for 20 years and fine of Rs. 500/-. In default, 2 years R.I. more. |
2. Case of the prosecution, in short, is that the appellant kidnapped the victim aged about 15 years and repeatedly raped her and committed penetrative sexual assault on her.
3. The first information report (for short, the FIR), (Exhibit P/2) was lodged by the Bihari Banjare (PW-2) father of the victim at Police Station, Torwa, District Bila
The consent of a minor girl in case of sexual intercourse is immaterial and amounts to rape.
The testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
The main legal point established is that the testimony of the victim/prosecutrix can be the sole basis for conviction in cases of sexual assault, without the need for corroboration, if found trustwor....
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
The main legal point established in the judgment is that the testimony of the prosecutrix, if found to be trustworthy and reliable, requires no corroboration. The court may convict the accused on the....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
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 court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
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
