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RAMESH SINHA, SACHIN SINGH RAJPUT
Lacchuram Mandavi S/o Late Shri Pandurm Mandavi – Appellant
Versus
State of Chhattisgarh Through Aarakshi Kendra Kuakonda, District South Bastar Dantewada (C. G. ) – Respondent
JUDGMENT ON BOARD :
Ramesh Sinha, CJ.
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 05.09.2023 passed by the learned Additional Sessions Judge (FTC) South Bastar, Dantewada, District – South Bastar, Dantewada (C.G.) in Special Sessions (POCSO) Case No. 07/2020, by which the appellant has been convicted for offence punishable U/s 201 of IPC and U/s 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for a term of 5 years & fine of Rs.1,000/-, in default of payment of fine additional Rigorous Imprisonment for 01 year and Life Imprisonment & fine of Rs.2,000/-, 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 between August 2019 to October 2019 on 17.01.2020, the present appellant, being a step father of the victim, who on the date of incident was a minor, outraged the modesty of the victim by aggravated penetrative sexual assault resulting in pregnancy and to cover up the act lodged a false police complaint against a person named Hunga at Poli
The determination of a victim's age and the use of conclusive scientific evidence, such as DNA and FSL reports, are crucial in cases of sexual offences against minors.
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 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 court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
The court affirmed that the testimony of a child victim, supported by medical evidence, is sufficient for conviction under the POCSO Act, even in the presence of a negative DNA report regarding pater....
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 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.
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