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RAMESH SINHA, BIBHU DATTA GURU
Rai Singh Markam S/o Lalwa Singh – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Bibhu Datta Guru, J.
Heard Mr. M.P.S. Bhatia, Advocate appearing for the appellant in CRA No.631/2021 and Mr. Faiz Kazi, Advocate appearing for the appellant in CRA No.749/2021. Also heard Mr. R.S. Marhas, Additional Advocate General for the respondent/State.
This criminal appeal filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 08.04.2021, passed by the learned Special Additional Sessions Judge, Pendra Road, District: Bilaspur (C.G.) in Special Sessions Case No.03/2020, whereby the appellants/accused have been convicted for the offence and sentenced as under:-
| Conviction | Sentence |
| Under Section 5(G) and 6 of the POCSO Act | Life imprisonment (till natural death) and fine of Rs.10,000/-, in default, additional R.I. for four months each |
| Under 323/34 of the IPC | R.I. for 1 year |
| Under Section 376(D) of the IPC | No sentence has been awarded for offence under this Section as the appellants have been sentenced under Section Under Section 5(G) and 6 of the POCSO Act 1. The prosecution stor |
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 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 judgment emphasizes the admissibility of school registers to determine the age of a minor, the reliability of the victim's testimony in sexual offence cases, and the mandatory minimum sentences u....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
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 sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
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 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 court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
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