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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Dinesh Nishad S/o Beduram Nishad – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Per Ramesh Sinha, CJ
1. This criminal appeal arises out of the judgment of conviction and order of sentence dated 21.12.2021 passed by the Additional Sessions Judge, First Fast Track Special Court, Raipur in Special Criminal Case No.6/2019, whereby the appellant has been convicted and sentenced in the following manner :
| Sl. No. | Conviction | Sentence |
| 1. | Under Section 376AB of the Indian Penal Code | RI for 20 years and fine of Rs.5000/-, in default of payment of fine to further undergo RI for 3 months |
| 2. | Under Section 376(2)(n) of the Indian Penal Code. | RI for 10 years and fine of Rs.5000/-, in default of payment of fine to further undergo RI for 3 months |
2. The prosecution story, in brief, is that the complainant/mother of the victim made a written complaint (Ex.P-2) to the Police Station Tikrapara to the effect that accused Dinesh Nishad sells chips, chocolates and children’s food in a stall near her house. On 22.11.2018 her daughter/victim had gone to shop to buy chocolates at about 6 P.M. When she was not seen for some time, she started searching around. The victim came out from the house of neighbour Dinesh Nishad s
The testimony of a victim in sexual assault cases is credible and does not require corroboration for conviction, emphasizing the need for sensitivity in evaluating such evidence.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
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 should be weighed on reliability rather than strict corroboration, reflecting the trauma and context of the crime.
Victim's testimony in sexual assault cases carries significant weight; corroboration is not necessary unless warranted by circumstances, reinforcing the need for sensitivity in judicial proceedings i....
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 victim of sexual assault is credible and does not require corroboration for conviction, emphasizing the need for sensitivity in evaluating such cases.
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 testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
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