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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Ashish Sendariya @ Bhundu – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Per Ramesh Sinha, C.J.
1. This appeal arises out of the judgment of conviction and order of sentence dated 02.12.2022 passed by the Additional Sessions Judge, F.T.S.C. (POCSO Act), Raigarh in Special Pocso Case No. 64/2021, whereby the appellant has been convicted for offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as ‘POSCO’) and sentenced to undergo RI for 20 years and fine of Rs.5000/-, in default of payment of fine to further undergo imprisonment for six months.
2. The prosecution story, in brief, is that father of the prosecutrix made written complaint (Ex.P-5) in the Police Station Kotwali, Raigarh alleging that the victim aged 16 years, who is his daughter, is mentally weak, lives at home. On 16.08.2021 at about 2 P.M. he came home after work, his wife told that accused Bhundu taking the victim to his house, she is telling that she was raped, she was screaming, then both he and his wife asked the victim, then she told that in the afternoon she was sitting in front of her maternal aunt’s house, then the accused made a hand gesture and on calling to her house, she went away, the accused took her inside the house,
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.
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 court upheld the conviction of the appellants for sexual offences against a minor, emphasizing the credibility of the victim's testimony and corroborative evidence.
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 affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
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