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HIGH COURT OF CHHATTISGARH, BILASPUR
Shri Justice Arvind Kumar Verma, J
Panbudi @ Mukhiram Sahu S/o Jhaduram Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
Judgment :
(Arvind Kumar Verma, J.)
1. The appellant has filed the instant appeal under Section 374 (2) of the Code of Criminal Procedure , 1973, (henceforth ‘the Cr.P.C.') questioning the judgment of conviction and order of sentence dated 04.09.2021 passed by the Additional Sessions Judge (Second Fast Track Special Court), Bilaspur (C.G.), in Special Criminal Case (POCSO Act) No.08/2019, whereby the appellant has been convicted and sentenced as under :-
| Conviction | Sentence | In Default |
| Under Section 342 of the Indian Penal Code | R.I. for 01 year and fine amount of Rs.1,000/- | In default of payment of fine amount further imprisonment for one month |
| Under Section 376कख/511 of the Indian Penal Code | R.I. for 10 years and fine amount of Rs.4,000/- | In default of payment of fine amount further imprisonment for 06 months |
(both the sentences have been directed to be run concurrently)
2. Case of the prosecution in brief is that on 11/11/2018, the complainant/informant- uncle of the victim submitted a written complaint to the effect that on 11/11/2018 at about 01:00 pm, Chaiti Bai told him that her niece- victim and another victim had entered the house of appellant- Panbudi Sahu at 12:00 pm and were inside t
The conviction of the appellant was upheld based on the victim's consistent testimony and corroborating medical evidence, establishing guilt beyond reasonable doubt.
The testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.
The court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
The conviction for rape can be overturned if the evidence is insufficient to demonstrate the lack of consent, particularly when the victim's own statements indicate a consensual relationship.
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The court emphasized the importance of the victim's testimony, corroborating evidence, and lack of dispute regarding the victim's age in establishing the appellant's guilt for the offence of rape.
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 victim's testimony in a sexual assault case holds significant weight and may not require corroboration. The principle of proportionality influences the determination of sentences.
The main legal point established in the judgment is the requirement for evidence to establish the victim as a child and the absence of evidence of force or undue inducement in cases of sexual assault....
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