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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, Sanjay Kumar Jaiswal, JJ
Fakal Ram S/o Jethu Ram Korwa – Appellant
Versus
State of Chhattisgarh through–Station House Officer, Police of Police Station–Bagicha, District–Jashpur, Chhattisgarh – Respondent
Judgment :
(Sanjay K. Agrawal, J.)
1. Since these three criminal appeals have arisen out of the common impugned judgment dated 20.08.2019 passed by the Special Judge, Protection of Children from Sesxual Offences Act, 2012, Jashpur, Chhattisgarh in Special Criminal Case under the POCSO Act Cases No.27/2018, they have been clubbed together, heard together and are being decided by this common judgment.
2. Assail in the present three criminal appeals filed under Section 374(2) of the CrPC preferred by the sole appellant Fakal Ram (A-1) in Criminal Appeal No.688 of 2020; the sole appellant Dholi Ram (A-2) in Criminal Appeal No.1466 of 2019 and the two appellants namely Balmiki Bhagat (A-3) and Devanand Bhagat (A-3), is to the legality, validity and correctness of the judgment dated 20.08.2019 passed by the Special Judge, Protection of Children from Sesxual Offences Act, 2012, Jashpur, Chhattisgarh, in Special Criminal Case under the POCSO Act Cases No.27/2018, by which the appellants herein have been convicted for offence under Section 376D of the IPC and sentenced thereunder to suffer rigorous imprisonment for 20 years with fine of Rs.1,000/- each; in default of payment of fine amount the
The prosecution must prove guilt beyond reasonable doubt; insufficient evidence led to the acquittal of two appellants in a gang rape case.
The main legal point established in the judgment is the requirement to prove the guilt of the accused beyond reasonable doubt before a conviction can be made.
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
The court upheld the conviction under the POCSO Act based on strong testimonial and medical evidence, affirming that negative DNA results do not undermine the prosecution's case.
The main legal point established in the judgment is the requirement for the prosecution to provide conclusive evidence and corroborative evidence to establish the guilt of the accused beyond all reas....
The determination of the victim's age is crucial in cases of sexual offences, and the court emphasized the importance of following the procedure for determining the age of a juvenile under the Juveni....
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
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