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RAMESH SINHA, BIBHU DATTA GURU
Wasim Bhathi S/o. Najiruddin – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Per Ramesh Sinha, CJ
1. Since the aforesaid four criminal appeals have been filed against the impugned judgment dated 19.02.2021 passed by the Special Judge (POCSO Act, 2012), Mahasamund in Special Criminal Case No.H-09-2019, they were clubbed & heard together and being disposed of by this common judgment.
2. Appellants-Wasim Bhathi (A1), Devnath @ Furru Sahu (A2), Sonal Pal (A3), Jeevanlal Tandon (A4) and Parvati Poyam (A5) have preferred these four criminal appeals under Section 374(2) of the CrPC questioning the impugned judgment dated 19.02.2021 passed by the Special Judge (POCSO Act), 2012, Mahasamund in Special Criminal Case No.H-09-2019, by which the Special Judge has convicted appellants-Wasim Bhathi, Devnath @ Furru Sahu, Sonal Pal and Jeevanlal Tandon for offence under Sections 363/34, 366/34 of the IPC, Section 6 of the POCSO Act and Section 506 PartII/34 of the IPC and sentenced to undergo RI for three years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for one month, RI for five years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for one month, RI for twenty years and fine of Rs.25000/-, in default of pa
The victim's testimony in sexual assault cases is crucial and can suffice for conviction without corroboration, provided it is credible and consistent.
The victim's testimony in sexual assault cases is entitled to great weight, and corroboration is not essential for conviction. The court must be sensitive and careful in evaluating the evidence, and ....
The court upheld the conviction of the appellants for sexual offences against a minor, emphasizing the credibility of the victim's testimony and corroborative 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 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 court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
The sole testimony of a prosecutrix can suffice for conviction in rape cases if credible, while age determination must be supported by reliable evidence.
The prosecution must prove each element of a rape charge beyond reasonable doubt, and failure to conduct a Test Identification Parade undermines the reliability of witness identification.
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