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ARVIND KUMAR VERMA
Jeevan Singh S/o Shri Kariman – Appellant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station – Respondent
ORDER :
Arvind Kumar Verma, J.
This Criminal Appeal under Section 374(2) of the Code of Criminal Procedure has been filed against the judgment of conviction and order of sentence dated 27.09.2022 passed by the Additional Sessions Judge Fast Track Special Court Surajpur, District Surajpur in Special Sessions Trial No.26/2021 by which the appellant has been convicted for the offence under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo RI for ten years with fine of Rs.200/- u/s. 376, and to undergo RI for 10 years with fine of Rs. 200/- u/s.4 of the POCSO Act, with default stipulations. Both the sentences have been directed to run concurrently.
2.As per prosecution case, on 30.03.2021, a written report Ex.P-6 was lodged by the prosecutrix alleging that on 29.03.2021 at night, she went along with the appellants Kandapariha, Shiv Kumar and Jeevan Singh to the house of Keso Singh in pooja and at about 10.00 pm. while returning, Kandapariha and Shivkumar went to their home and she came with Jeevan Singh. On the way, the present appellant forcefully carried her to the abandoned public toilet roo
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 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.
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
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....
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 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 prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
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.
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