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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARESH KUMAR CHANDRAVANSHI
Bhaykaran Sonwani S/o Amir Sai @ Chaihat – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges. (Para 1 , 2 , 4) |
| 2. court's approach to evidence assessment. (Para 3 , 5 , 8) |
| 3. arguments regarding victim's age and evidence. (Para 6 , 7) |
| 4. inadequacy of evidence related to victim's age. (Para 9 , 10 , 11) |
| 5. legal standards for admissibility of evidence. (Para 12 , 13 , 14) |
| 6. doubts raised about truthfulness of evidence. (Para 15 , 17) |
| 7. conclusion and acquittal of the appellant. (Para 18 , 19) |
JUDGMENT :
1. This criminal appeal has been preferred under Section 374(2) of the CrPC against judgment of conviction and order of sentence dated 31.03.2022 passed by Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ramanujganj Distt., Balrampur-Ramanujganj (CG) in Special Sessions Trial (POCSO) Case No.44/2019, whereby the learned Special Judge, after holding the appellant guilty, convicted and sentenced him in the following manner:-
| S. No. | Conviction under Section | Jail Sentence | Fine Sentence | Default stipulation |
| 01. | 08 of POCSO Act | RI for 03 years | Rs.5,000/- | RI for 03 months |
| 02. | 11/12 POCSO Act | RI for 01 year | Rs.1,000/- | RI for 01 month |
| 03. | 354(A)(1)(i) IPC | Since the appellant has been sentenced for alike offence under the POCSO Act, there | ||
The court emphasized that the age of a victim must be proven with lawful evidence rather than relying on uncorroborated school records, rendering prior convictions based on inadequate evidence perver....
In sexual offense cases, the victim's testimony must be corroborated by reliable evidence; uncorroborated statements may lead to the acquittal of the accused.
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 conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
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 held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
The prosecution must provide credible evidence to prove a victim's age under POCSO, as failure to establish this undermines the validity of sexual offense charges.
Determination of age – Wherever dispute with respect to age of a person arises in context of her or him being a victim under POCSO Act, courts have to take recourse to steps indicated in Section 94 o....
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