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HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ., Ravindra Kumar Agrawal
Rajelal Meravi S/o Shri Samal Singh Meravi – Appellant
Versus
State Of Chhattisgarh Through Police Station-salhewara – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. Heard Mr. Amit Buxy, learned counsel for the appellant. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for the respondent/State.
2. This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) is directed against the impugned +0530 judgment of conviction and order of sentence dated 22.06.2023 passed by the learned Special Upper Session Judge, Khairagarh (C.G.) in Special Sessions Case No. 35 of 2021, whereby the accused-appellant has been convicted and sentenced as under :-
| Conviction under Section | Sentence | |
| Section 342 of the Indian Penal Code (for short, ‘IPC’) | Rigorous imprisonment (for short, ‘R.I.’) for 01 year and fine of Rs. 500/-, in default of payment of fine, 01 month R.I. more. | |
| Section 363 of the IPC | 07 years R.I. and fine of Rs. 1,000/-, in default of payment of fine, 02 months R.I. more. | |
| Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) | Life imprisonment and fine of Rs.2,000/-, in default of payment of fine, 04 months additional imprisonment. | |
| All the sentences were directed to run concurrently | ||
3. Case of the prosecution, in brief, is that on
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, without needing corroboration unless compelling reasons exist.
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 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 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 sustain a conviction if credible, without the necessity for corroboration.
Credible testimony of the victim can support a conviction if it is reliable, yet inconsistencies and lack of corroboration undermine allegations of sexual assault, leading to acquittal.
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 main legal point established is that the court relied on the victim's testimony, medical reports, and witness statements to establish the accused's guilt, emphasizing the victim's age, lack of co....
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