Back
RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Nehru Sahu S/o Shri Chaituram Shau – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAMESH SINHA, C.J.
1. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) questioning the impugned judgment dated 30.06.2023 passed by the Special Judge (Protection of Children from Sexual Offences Act, 2012) (for short ‘the POCSO Act’) Mahasamund (C.G.) in Special Criminal Case No. H-12/2023, whereby the trial Court has convicted and sentenced the appellant with a direction to run all the sentences concurrently in the following manner:
| Conviction | Sentence |
| U/s 363 of the IPC | 05 years rigorous imprisonment and fine of Rs. 1,000/- in default of fine amount, additional R.I. for 01 month. |
| U/s 6 of POCSO Act | Imprisonment for life (i.e. till his remaining natural life) and fine amount of Rs. 10,000/- in default of payment of fine additional R.I. for 06 months. |
2. Case of the prosecution, in brief, is that, the complainant/mother of the victim (PW-2) filed a written complaint (Ex.P-1) in the Mahasamund Police Station that on 08.01.2023 at about 3:00 pm, her daughter/prosecutrix aged 08 years went to play in the vegetable market near her grandmother Rukmani Lanjewar’s sho
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 child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The judgment establishes the importance of proving the victim's age in cases of sexual offenses against minors and highlights the legal provisions under the POCSO Act and the Indian Penal Code for de....
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.
The conviction of the appellant for sexual assault on a minor was upheld based on credible victim testimony and proper age determination under the POCSO Act.
Prosecution must establish foundational facts beyond reasonable doubt; mere reliance on victim’s inconsistent testimony is insufficient for conviction.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
The main legal point established in the judgment is the reliance on the sole testimony of the victim in cases of sexual assault, emphasizing the credibility and trustworthiness of the victim's testim....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
