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RAMESH SINHA, BIBHU DATTA GURU
Dulamani Yadav, S/o Panchuram Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Per Ramesh Sinha, Chief Justice
1. Heard Mr. Anil Kumar Gulati, learned counsel for the appellant. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the respondent/State.
2. This criminal appeal is preferred 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 24.01.2024, passed by the learned Special Judge (POCSO) Saraipali, District Mahasamund (C.G.), in Special Criminal POCSO Case No. 17 of 2021, by which the appellant has been convicted for the offences punishable under Section 376(3) of the Indian Penal Code (IPC), under Section 3(2)(v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, ‘Act of 1989’) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and sentenced him to undergo rigorous imprisonment for 20 years and fine of Rs. 500/-, in default of payment of fine additional rigorous imprisonment for 02 months, sentenced to undergo rigorous imprisonment for life and fine of Rs. 500/-, in default of payment of fine additional rigorous im
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
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 victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
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 sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
The main legal point established is that the court relied on the victim's testimony, medical reports, and witness statements to establish the accused's guilt, emphasizing the victim's age, lack of co....
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
Credible testimony of the victim can support a conviction if it is reliable, yet inconsistencies and lack of corroboration undermine allegations of sexual assault, leading to acquittal.
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