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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Ramesh Sinha, CJ, Shri Justice Ravindra Kumar Agrawal, J
Abhishek Ratre S/o Sonchand Ratre – Appellant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station, Khamtarai, District : Raipur, Chhattisgarh – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. This criminal appeal arises out of the judgment of conviction and order of sentence dated 14.05.2024 passed by the Additional Sessions Judge, F.T.S.C. (POCSO), Raipur in Special Criminal Case (POCSO) No.163/2022, whereby the appellant has been convicted for offence under Sections 363, 366 , 376(3) of the Indian Penal Code (hereinafter called as “ IPC ”) and Sections 4 (2) & 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as ‘POSCO’) and sentenced to undergo RI for 7 years and fine of Rs.500/-, in default of payment of fine to further undergo imprisonment for 2 months under Section 363 of the IPC , RI for 7 years and fine of Rs.500/-, in default of payment of fine to further undergo imprisonment for 2 months under Section 366 of the IPC , RI for 20 years and fine of Rs.2000/-, in default of payment of fine to further undergo imprisonment for 6 months under Section 376(3) of the IPC and Section 4(2) of the POCSO Act and RI for 20 years and fine of Rs.2000/-, in default of payment of fine to further undergo imprisonment for 6 months under Section 6 of the POCSO Act.
2. Notice issued to mother of the prosecutrix (PW-2) h
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 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.
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 a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
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 testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
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....
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