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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Gajju Lal Fenkar, Son of Late Bisru Fenkar – Appellant
Versus
State of Chhattisgarh, Thorugh Police Station - Palari, Dist. - Balodabazar-Bhatapara – Respondent
JUDGMENT :
Ramesh Sinha, CJ.
1. Appellant – Gajju Lal Fenkar has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 18.07.2023 passed by the learned Additional District & Sessions Judge, FTSC (POCSO Act), Balodabazar (C.G.) in Special Criminal Case No.29/2022 (State of Chhattisgarh Vs. Gajju Lal Fenkar), whereby the trial Court has convicted the appellant under Section 450 of the IPC and Section 4(2) of the Protection of Children from the Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and sentenced him to undergo rigorous imprisonment for 5 years and fine of Rs. 500/-, in default of payment of fine, additional RI for 6 months and rigorous imprisonment for 20 years with 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 the complainant father of the prosecutrix had made an oral report before Police Station, Palari, District – Balodabazar, alleging that on 25.02.2022 the present appellant entered into his house and committed rape on his minor da
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 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 main legal point established in the judgment is the reliance on the sole testimony of the victim in cases of sexual assault, emphasizing the credibility and trustworthiness of the victim's testim....
The consent of a minor girl in case of sexual intercourse is immaterial and amounts to rape.
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 sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
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