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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL, RAMESH SINHA
State of Chhattisgarh – Appellant
Versus
Philomina Kerketta D/o Guruwaro Kerketta – Respondent
JUDGMENT :
RAMESH SINHA, CJ.
1. The appellant-State has filed this acquittal appeal under Section 378(1) of the CrPC against the impugned judgment of acquittal dated 9.1.2017 passed by the Additional Sessions Judge (Fast Track Court), Baikunthpur, District Korea in Special S.T. No.03/16, whereby the trial Court has acquitted respondent No.1 from charges punishable under Sections 202, 119, 376(2)(d)(f)(i)(k) of the Indian Penal Code (hereinafter called as “IPC”) and under Section 21 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as “POCSO Act”), respondent No.2 from charges under sections 376(2) (d)(f)(i)(k) and 377 of the IPC and Section 6 of the POCSO Act and respondent No.3 from charges under Sections 202, 119 and 323 of the IPC and Section 21 of the POCSO Act.
2. The case of the prosecution in brief is that the complainant (mother of the victim) (PW-1) made a written report (Ex.P-1) at Podi Police Station on 9.9.2015 stating that she lives in Tina Dafaai, Ward No.19, Haldibadi, Chirmiri and works as a maid. Her daughter, the victim, aged 9, studies in Class 4 at Jyoti Mission School, Sarbhoka and lives in the hostel. On 9.9.2015 at 9 A.M. security
The appellate court ruled that the victim’s credible testimony, corroborated by medical evidence, was sufficient to overturn the trial court's acquittal and convict the main respondent under the POCS....
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 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 child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
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....
Prosecution must establish foundational facts beyond reasonable doubt; mere reliance on victim’s inconsistent testimony is insufficient for conviction.
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.
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