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HIGH COURT OF CHHATTISGARH AT BILASPUR
Mr. Ramesh Sinha, CJ
Maniram Yadav S/o Jagatram Yadav – Appellant
Versus
State Of Chhattisgarh Through Police Station Kharsia, District – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. Today, though the present appeal has been listed for hearing on IA No.02 of 2024, which is application under Section 389 of the Code of Criminal Procedure (for short “Cr.P.C.”) for suspension of sentence and grant of bail, however, with the consent of learned counsel for the parties and considering the period of detention of the appellant, the appeal is being heard finally.
2. Accordingly, IA No. 02 of 2024 stands disposed of.
3. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 23.07.2022 passed by the learned Additional Sessions Judge, (FTSC) (POCSO), Raigarh, District – Raigarh (C.G.) in Special Criminal Case (POCSO) No. 42/2020, whereby the trial Court has convicted and sentenced the appellant with a direction to run both the sentences concurrently in the following manner :
| CONVICTION | SENTENCE |
| U/s 354 of IPC | Rigorous imprisonment for 2 years with fine of Rs.500/-, in default of payment of fine additional imprisonment for 2 months. |
| U/s 10 of POCSO Act | Rigorous Imprisonment for 5 years with fine of Rs.1,000/-, in default of payment of fine additional |
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.
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
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.
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 in the judgment is the reliance on the sole testimony of the victim in cases of sexual assault, emphasizing the credibility and trustworthiness of the victim's testim....
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.
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 reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
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