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RAMESH SINHA, N. K. CHANDRAVANSHI
Ashok Sahu S/o Late Pandaram Sahu – Appellant
Versus
State of Chhattisgarh Through Station House Officer Kasdol – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. This criminal appeal preferred under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 10.03.2023 passed by the Additional District and Sessions Judge FTSC (POCSO Act), Balodabazar, Chhattisgarh in Special Criminal Case (POCSO) No. 44/2021, by which the appellant has been convicted for offences punishable U/s 506 of IPC and U/s 6 of the POCSO Act and sentenced him to undergo Rigorous Imprisonment for a term of 5 years and fine of Rs.500/-, in default of payment of fine additional Rigorous Imprisonment for 06 months and Life Imprisonment and fine of Rs.1,000/-, in default of payment of fine additional Rigorous Imprisonment for 01 year with a direction to run both the sentences concurrently.
2. Case of the prosecution, in brief, is that on 04.06.2021, a written report was filed vide Ex.P-7 by the victim to the effect that the victim’s mother had gone to work with the children and the victim was alone at home, then at 11.30 a.m., the accused came back from work, he found the victim alone at ho
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 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 sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
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 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 sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
The consent of a minor girl in case of sexual intercourse is immaterial and amounts to rape.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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