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HIGH COURT OF CHHATTISGARH
Arvind Kumar Verma
Yashwant Kumar Sinha S/o Videsh Ram Sihna – Appellant
Versus
State Of Chhattisgarh – Respondent
Judgment :
(Arvind Kumar Verma, J.)
This appeal is directed against the impugned judgment of conviction and order of sentence dated 28.11.2020 passed by the learned Sessions Judge (FTC), Balod, District Balod (CG) in Special Criminal Case POCSO No. 67/2019 whereby and whereunder the appellant has been held guilty for the commission of offence as described below :
| Conviction | Sentence |
| U/s. 363 IPC | RI for 6 months and fine of Rs. 1,000/- in default of payment of fine to further undergo RI for one month |
U/s. 376(2)(I) of IPC and Section 5(M)/6 of the Protection of Children from Sexual Offences Act | RI for 10 years and fine of Rs. 5,000/- in default of payment of fine to further undergo RI for 1 month |
| Both the sentences are directed to run concurrently. | |
2. Case of the prosecution in brief is that on 13.07.2019, at about 5.00 pm. when the prosecutrix/victim was playing with her friends, at that point of time, the appellant came there and caught her hand and forcefully took her to his house and sent her friends by giving 10/- each to buy some eatable. It is alleged that the appellant tried to commit aggravated penetrative sexual assault on the victim and when she raised cries he left her. When her g
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 testimony of the prosecutrix, if creditworthy and trustworthy, can be the sole ground for convicting the accused in cases of sexual assault, and corroboration of her testimony is not essential. T....
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
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 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....
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