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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Dilesh Nishad S/o Nrayan Nishad – Appellant
Versus
State Of Chhattisgarh Through Police Station Kharsiya – Respondent
| Table of Content |
|---|
| 1. appeals regarding legality and validity of conviction. (Para 1 , 2) |
| 2. prosecution's case and evidence presented. (Para 3 , 4 , 5) |
| 3. trial court's conviction and appeal rationale. (Para 6) |
| 4. appellant's arguments and defense claims. (Para 7 , 8) |
| 5. assessment of victim's age and evidential inconsistencies. (Para 9 , 10 , 11 , 12 , 14) |
| 6. evaluation of the victim's testimony and prosecution evidence. (Para 15 , 16 , 17 , 18) |
| 7. importance of dna evidence in sexual assault cases. (Para 19 , 20 , 21) |
| 8. conclusion on evidential insufficiency for conviction. (Para 22) |
| 9. final verdict on acquittal and conviction. (Para 23 , 24) |
| 10. post-verdict compliance requirements. (Para 25 , 26) |
JUDGMENT :
Amitendra Kishore Prasad, J.
1. Since both the aforementioned appeals arise out of the same judgment, therefore, they are being heard together and disposed of by this common judgment.
2. In these appeals filed under Section 374(2) of the Cr.P.C., the appellants have challenged the legality, validity, and propriety of the judgment of conviction and order of sentence dated 22.06.2019, passed by the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989) (
The prosecution failed to prove the victim's minor status and the identity of the perpetrators, leading to the acquittal of the accused.
The court affirmed that the testimony of a child victim, supported by medical evidence, is sufficient for conviction under the POCSO Act, even in the presence of a negative DNA report regarding pater....
The determination of a victim's age and the use of conclusive scientific evidence, such as DNA and FSL reports, are crucial in cases of sexual offences against minors.
The court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
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