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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Kailash Salam S/o Kesoram Salam (In Jail) – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 20.6.2019 passed by the learned Special Judge (under the Protection of Children from Sexual Offences Act, 2012) Bhanupratappur, District North Bastar-Kanker (C.G.) in Special Criminal (POCSO Act), 18/2018, wherein the said Court convicted the appellant and sentenced him as under:-
| Conviction | Sentence |
| U/S 376AB of IPC | For life imprisonment till natural death and fine of Rs. 50,000/- in default of payment of fine amount to undergo additional R.I. for 6 months. |
2. The case of the prosecution, as unfolded from the impugned judgment and the records of the case, is that the father of the prosecutrix has lodged the first information report stating that on 05.05.2018 at about 2:30 pm, someone enticed away the goat to Hundara from his backyard, in search of goat the prosecutrix along with the accused/appellant Kailash and the appellant’s son Tushar went towards the forest. He further stated that around 3:00 pm his daughter came back home and told him that while going towards the forest, in the midway, the accused/appell
The conviction for rape of a minor was modified from life imprisonment under IPC to 10 years under POCSO due to evidential shortcomings and the application of unamended statutes relevant at the time ....
Burden of proof lies with prosecution to establish all aspects of an offense, particularly the minor status of the victim, which affects the conviction under sexual assault laws.
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 prosecution must prove the age of the victim and the absence of consent beyond reasonable doubt; insufficient evidence leads to acquittal.
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 court affirmed that prior legal standards apply to convictions, emphasizing the necessity of valid evidence and proper assessment of child witnesses' competency in sexual assault cases.
The prosecution failed to prove the prosecutrix's age under 18 years and her consent negated the charges of abduction and sexual assault.
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 upheld the conviction for rape under IPC and POCSO Act, emphasizing the credibility of the victim's testimony and the need for sensitivity in child sexual assault cases.
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