Back
RAMESH SINHA, N. K. CHANDRAVANSHI
Santosh Tiwari S/o Hriyanand Tiwari – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
N.K. CHANDRAVANSHI, J.
1. As we proceed to hear the matter finally with the consent of learned counsel for both the parties, IA No. 01/2023, application for suspension of sentence and grant of bail stands disposed of.
2. This criminal appeal filed by the appellant-accused under Section 374(2) of the Code of Criminal Procedure, is directed against the impugned judgment of conviction and order of sentence dated 21.3.2022 passed by learned Additional Sessions Judge, (1st Fast Track Special Court), (POCSO ACT), Raipur, Distt. Raipur (CG) in Special Criminal Case No. 35/2019, whereby the appellant-accused has been convicted under Sections 363 and 376AB of the Indian Penal Code and Section 06 of the Protection of Children from Sexual Offences Act, 2012 and sentenced in the following manner:
| S. No. | Conviction under Section | Sentence | Fine | Default |
| 01. | 363 IPC | RI for 05 years | 1,000/- | RI for 01 month |
| 02. | 376 IPC | Imprisonment for life, which shall mean imprisonment for the reminder of that person’s natural life | Rs. 50,000/- | RI for 06 m |
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
The statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
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
