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HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ., Ravindra Kumar Agrawal ,
Pramod @ Nanhu Tiwari S/o Chandrika Prasad Tiwari – Appellant
Versus
State Of Chhattisgarh Through Police Station Marwahi, District Bilaspur – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. Heard Mr. Y.C. Sharma, learned Senior Advocate along with Mr. Sachin Nidhi and Mr. Vishal Chandravanshi, learned counsel for the appellant as well as Mr. Malay Jain, learned Panel Lawyer appearing for the State/respondent.
2. This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) arises out of the judgment of conviction and order of sentence dated 04.02.2021 passed by the learned Special Judge, SC/ST (PA) Act 1989, Bilaspur, District- Bilaspur (C.G.) in Special SC/ST (PA) Act 1989 Case no. 10/2018, whereby the accused-appellant has been convicted and sentenced as under :-
| Conviction | Sentence | |
| Under Section 366 of the IPC | Rigorous imprisonment for 10 years and fine of Rs.1000/-, in default of payment of fine amount, additional imprisonment for 3 months. | |
| Under Section 6 of the POCSO Act | Rigorous imprisonment for life and fine of Rs.1000/-, in default of payment of fine amount, additional imprisonment for 3 months. | |
| Under Section 3(1) (B-i) (b-ii) of the SC/ST (Prevention of Atrocities) Act. | Rigorous imprisonment for 05 years and fine of Rs.1000/-, in default of payment of fine amount, additional imprisonment for 3 | |
The testimony of a victim of sexual assault is credible and can support conviction without corroboration, but the prosecution must prove the accused's knowledge of the victim's caste for SC/ST Act ch....
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 victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
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.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
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 judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, despite procedural lapses in witness examination.
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
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