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HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ., Ravindra Kumar Agrawal
Ajeet Singh Porte S/o Late Mansingh Porte – Appellant
Versus
State of Chhattisgarh – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. Heard Mr. Rishi Rahul Soni, learned counsel for the appellant. Also heard Mr. Sakib Ahmad, learned Panel Lawyer, appearing for the respondent/State.
2. This criminal appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment dated 28.08.2021 passed by the learned Additional Sessions Judge, Gharghoda, District Raigarh (C.G.) in Special Criminal Case (POCSO Act) No. 08 of 2020, by which the appellant has been convicted and sentenced as under :
| Conviction under Section | Sentence | |
| Section 419 of the Indian Penal Code (for short, ‘IPC’) | Rigorous imprisonment (for short, ‘ R.I.’) for 03 years and fine of Rs. 1,000/-, in default of payment of fine, 02 months R.I. more. | |
| Section 363 of the IPC | 07 years R.I. and fine of Rs. 1,000/-. In default, 02 months R.I. more. | |
| Section 365 of the IPC | 07 years R.I. and fine of Rs. 1,000/-. In default, 02 months R.I. more. | |
| Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) | Life imprisonment R.I. and fine of Rs.1,000/-. In default, 02 months R.I. more. |
3. Case of the prosecution, in brief, is that on 01.05.202
The testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
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.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
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 sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
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 sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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 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 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....
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