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ARVIND KUMAR VERMA
Rajendra Mandavi S/o Late Mukhi Ram Mandavi – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Challenge in this appeal is to the judgment of conviction and order of sentence dated 14.06.2018 passed by the learned Sessions judge (In charge) FTC Balod, District Balod (CG) in Criminal Case (POCSO) No. 16/2017 whereby the appellant has been convicted and sentenced as under:
| Conviction | Sentence |
| U/s. 363 IPC | to undergo RI for six months and pay fine of Rs. 1000/-, in default of payment of fine to further undergo RI for one month |
| U/s. 376(2)(I) IPC and Section 5(I)/6 of the POCSO Act, 2012 | To undergo RI for 10 years and fine of Rs. 5,000/-, in default of payment of fine to further undergo RI for one month |
| Both the sentences are ordered to run concurrently. | |
2. Brief facts of the case are that on 27.12.2016, at about 7.00 p.m. the victim/minor had gone for evening walk with her cousin sister and on the way, near the SBI ATM the appellant came and had a chat with her cousin and thereafter they had chat over the phone and again when the appellant called him, she asked the victim to go to him and inform that she will not be able to come. When the victim went to inform him about the same, he took her in his motorcycle for ride
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 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 testimony of the prosecutrix, if creditworthy and trustworthy, can be the sole ground for convicting the accused in cases of sexual assault, and corroboration of her testimony is not essential. T....
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
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 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 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 prosecutrix can suffice for conviction in rape cases if credible, while age determination must be supported by reliable evidence.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
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