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RAMESH SINHA, BIBHU DATTA GURU
Deepak Verma, S/o. Pawan Verma – Appellant
Versus
State of Chhattisgarh Through Station House Officer, Police Station Tikrapara, Raipur, Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, C.J.
1. The appellant has preferred this appeal under Section 374(2) of Cr.P.C. questioning the impugned judgment dated 25.02.2021 passed in Special Criminal Case No. 137/2018 by the learned Additional Sessions Judge, First Fast Track Special Court, Raipur, District Raipur, by which the learned Additional Sessions Judge has convicted the appellant for the offence punishable under Section 376AB of the Indian Penal Code (for short, the IPC) and sentenced him to undergo rigorous imprisonment for 20 years with fine of Rs. 50,000/- and in default, to undergo rigorous imprisonment for 1 year more.
2. The allegation against the appellant is that on 25.06.2018 at about 3.30 p.m., in the terrace of Rakesh Chandrakar's house at Tikrapara, Raipur, he committed rape and aggravated penetrative sexual assault on the minor victim (PW-1) aged about 7 years by inserting his penis inside the mouth of the victim.
3. The prosecution case, in brief, is that the victim's (PW-1) mother Smt. Kanti Sahu (PW-2) lodged a report in Tikrapara police station to the effect that on 25.06.2018 her husband Umesh Sahu left for work at 09:00 a.m. Her son Tikeshwar Sahu aged 09 years and the victi
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, despite procedural lapses in witness examination.
The testimony of a victim of sexual assault is credible and can support conviction without corroboration, but the prosecution must prove the accused's knowledge of the victim's caste for SC/ST Act ch....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
The court affirms that minor victims' testimonies can be solely relied upon in sexual offence cases, provided they are credible, and clarifies that penetration into external genitalia suffices to con....
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
The testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
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 stringent punishment under the POCSO Act.
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