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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J, BIBHU DATTA GURU
Shani Kumar Chauhan S/o Shri Jethuram Chauhan – Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Saraipali – Respondent
| Table of Content |
|---|
| 1. background of prosecution case. (Para 2 , 3 , 4 , 5) |
| 2. arguments from both parties. (Para 6 , 7) |
| 3. evaluation of victim's age. (Para 8 , 10 , 12) |
| 4. victim's testimony and medical evidence. (Para 14 , 20 , 21) |
| 5. legal standards for victim testimony. (Para 22 , 24 , 25) |
| 6. consistency and reliability of testimony. (Para 26 , 28) |
| 7. conclusion and judgment outcome. (Para 29 , 30 , 31) |
JUDGMENT :
Bibhu Datta Guru, J
1. Heard Mr. Anish Tiwari along with Mr. Akash Sharma, learned counsel, appearing on behalf of the appellant as well as Mr. S.S. Baghel, learned Dy. Govt. Advocate appearing on behalf of the State/respondent.
2. This appeal is directed against the judgment of conviction and order of sentence dated 13.05.2022 passed by the Special Judge (POCSO Act, 2012) Saraipali, District Mahasmund C.G. in Special Sessions Case No. 04/2020 whereby the appellant has been convicted and sentenced as under:-
3. Case of the prosecution, in brief, is that the prosecutrix’s father, submitted a written report to the Saraipali police station stating that prosecutrix aged about 11 years and having studied up to Class IV, was playing in front of her house on 10/12/2019 at about 12:00 noon
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 court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
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.
The judgment emphasizes the admissibility of school registers to determine the age of a minor, the reliability of the victim's testimony in sexual offence cases, and the mandatory minimum sentences u....
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 court affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
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 victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
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