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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, Rajani Dubey
Deepak Bhoi S/o Lt. Shri Ragumadi Bhoi – Appellant
Versus
State of Chhattisgarh Through District Magistrate Raipur (CG) – Respondent
| Table of Content |
|---|
| 1. summary of appeals and convictions. (Para 1 , 2 , 3) |
| 2. details of trial and evidence. (Para 4 , 5 , 6) |
| 3. defense arguments against trial court's judgment. (Para 7 , 8) |
| 4. evidence from the prosecutrix. (Para 10 , 11) |
| 5. corroborating statements from witnesses. (Para 12 , 13 , 14) |
| 6. court's assessment of evidence credibility. (Para 15 , 16 , 17) |
| 7. doubts regarding prosecutrix's testimony. (Para 22 , 23 , 24) |
| 8. conclusion and order of acquittal. (Para 27 , 28 , 29) |
JUDGMENT :
Ramesh Sinha, CJ.
1. Since the aforesaid five criminal appeals have been filed against the impugned judgment dated 23.11.2020 passed by the Additional Sessions Judge / Second Fast Track Special Court, Raipur, District Raipur in Special Criminal (POCSO) Case No.169/2018, they were clubbed & heard together and are being disposed of by this common judgment.
2. The appellants have filed these five criminal appeals under Section 374(2) of the CrPC questioning the impugned dated 23.11.2020 passed by the Additional Sessions Judge / Second Fast Track Special Court, Raipur, District Raipur in Special Criminal (POCSO) Case No.169/2018, by which appellant- Deepak Bhoi has been convicted for offences under Sect
The prosecution must prove its case beyond reasonable doubt, and reliance on the testimony of the victim requires consistency and corroboration.
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
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 sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
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 court upheld the conviction of the appellants for sexual offences against a minor, emphasizing the credibility of the victim's testimony and corroborative evidence.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
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