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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY S.AGRAWAL
State Of Chhattisgarh, Through Police Station Kurud – Appellant
Versus
Rupendra Das Manikpuri S/o Salik Das Manikpuri – Respondent
| Table of Content |
|---|
| 1. right to appeal after acquittal (Para 1 , 2 , 3 , 4) |
| 2. arguments on acquittal validity (Para 5 , 6) |
| 3. analysis of the prosecution's evidence required (Para 8 , 10 , 12 , 22 , 24) |
| 4. credibility of witness statements (Para 9 , 11 , 23 , 25) |
| 5. definition and interpretation of 'sexual assault' (Para 14 , 15 , 20 , 21 , 27 , 28) |
| 6. dismissal of appeal due to lack of evidence (Para 29) |
JUDGMENT :
1. This appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”), questioning the legality and propriety of the judgment dated 27.05.2022 passed by the Court of Special Judge (Under POCSO Act), Dhamtari (C.G.) in Special Criminal Case (POCSO) No.24/2019, whereby, the respondent/accused has been acquitted with regard to the offence punishable under Sections 354-D, 509 of IPC read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act”) and under Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the SC/ST Act”).
3. Based upon the aforesaid complaint, a
The prosecution failed to establish credible evidence to support charges of stalking and harassment against the respondent, leading to the upheld acquittal.
Sexual harassment of girl child – Alleged expression [xxx I Love You] by accused alone would not constitute “sexual assault” as provided under Section 7 of POCSO Act.
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
The court confirmed convictions under the POCSO Act and SC/ST (POA) Act for aggravated sexual assault on a minor, while acquitting the accused of IPC Section 504 due to insufficient evidence of provo....
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
The court established that evidence of aggravated sexual assault on a minor under POCSO Act justified conviction, emphasizing the presumption of guilt unless rebutted, while excluding IPC Section 504....
(1) Most important ingredient for constituting offence of sexual assault under Section 7 of POCSO Act is “sexual intent” and not “skin to skin” contact with child.(2) Interpretation of Section 7 of P....
Prosecution must establish the accused is not a member of SC/ST to prove an offence under the SC/ST Act; absence of such evidence voids the conviction under the Act.
Attempt to outrage modesty of minor girl – Testimonies of prosecutrix as well as other witnesses cannot be wiped out on the basis of trivial contradictions.
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