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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Sanjay Chargat S/o Nanka Kodaku – Appellant
Versus
State of Chhattisgarh, Through Station House Officer – Respondent
JUDGMENT :
Ramesh Sinha, CJ.
1. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 15.07.2022 passed by the learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ramanujganj, District : Balrampur-Ramanujganj (C.G.) in Special Sessions Trial (POCSO) No.04/2022, 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 Indian Penal Code | Rigorous imprisonment for 05years & fine of Rupees 5,000/- in default of fine R.I. for 01 month |
| U/s 366 of the Indian Penal Code | Rigorous imprisonment for 05years & fine of Rupees 5,000/- in default of fine R.I. for 01 month |
| U/s 06 of the Protection of Children from Sexual Offences Act, 2012 | Life imprisonment & fine of Rupees 50,000/- in default of fine R.I. for 02 months |
2. Case of the prosecution, in brief, is that on the morning of 28.01.2022, the victim aged 5 years (PW-8) had gone to play at the house of a neighbor in her village. At around 10.
The court affirmed the conviction for kidnapping and sexual assault of a minor, emphasizing the importance of age determination and the reliability of victim testimony supported by medical evidence.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
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.
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
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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