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RAMESH SINHA, SACHIN SINGH RAJPUT
XYZ – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, Chief Justice
1. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 31.01.2024 passed by the learned Additional Sessions Judge, F.T.S.C. (POCSO), Rajnandgaon, District- Rajnandgaon (C.G.) in Special Criminal (POCSO) Case No.71/2020, whereby the trial Court has convicted the appellant under Section 376AB of the Indian Penal Code, but not awarded sentence under this Section and also convicted under Section 5(m) read with Section 6 of the Protection of Children from the Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and sentenced him to undergo life imprisonment till natural death with fine of Rs. 20,000/-, in default of payment of fine, additional rigorous imprisonment for 01 year.
2. Case of the prosecution, in brief, is that on 05.11.2020, at around 3.00 PM, the applicant i.e. the aunt of the victim (PW-03) was in her house. The applicant’s sister-in-law (jethani) i.e. the victim’s mother (PW-02) and the applicant’s brother-in-law (jeth) i.e. the victim’s father (PW-07) had gone to the fields. The children of applicant’s house U(N), victim, KMDR, PR
The main legal point established in the judgment is the strict application of the POCSO Act and IPC provisions to convict the appellant for sexually assaulting a minor girl below 12 years of age. The....
The judgment establishes the importance of proving the victim's age in cases of sexual offenses against minors and highlights the legal provisions under the POCSO Act and the Indian Penal Code for de....
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
The court affirmed the conviction for kidnapping and sexual assault of a minor, emphasizing the importance of age determination and the reliability of victim testimony supported by medical evidence.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The judgment establishes that the testimony of a minor victim, supported by medical and documentary evidence, can be sufficient to establish guilt in cases of sexual offenses.
The consent of a minor is immaterial in cases of sexual offences, and any sexual act with a minor under the pretext of marriage constitutes rape under the IPC and the POCSO Act.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
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