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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ., BIBHU DATTA GURU
Beer Bahadur Singh S/o Subhan Singh – Appellant
Versus
State Of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details. (Para 2 , 3 , 4) |
| 2. assessment of prosecution's burden of proof. (Para 5 , 23) |
| 3. establishing victim's age and evidence of assault. (Para 10 , 11 , 12 , 15) |
| 4. testimony of victim as credible evidence. (Para 18 , 19 , 20) |
| 5. legal provisions applicable to rape charges. (Para 24 , 27) |
| 6. outcome and order of appeal. (Para 28 , 29 , 30) |
Judgment :
Per, Bibhu Datta Guru, J.
1.Heard Mr. Ramsajiwan, learned counsel, appearing on behalf of the appellant as well as Mr. Sakib Ahmed, learned Panel Lawyer appearing on behalf of the State/respondent.
2. This appeal is directed against the judgment of conviction and order of sentence dated 26.04.2023 passed by the learned Upper Sessions Judge F.T.S.C. (POCSO) Manendragarh District Korea (C.G.) in Special Crime No. 39/2019, whereby the appellant has been convicted and sentenced as under:-
| Conviction | Sentence |
| Under Section 341 of the IPC | Simple imprisonment for 01 months & fine of Rupees 100/- in default of fine simple imprisonment for 7 days. |
| Under Section 376(2)(n) of the IPC | Life Imprisonment & fine of Rs. 500/- in default of fine Rigorous Imprisonment for 01 year. |
| Both sentences are to be run concurrent | |
Conviction for rape can be upheld solely on victim's testimony if credible; minor's status under POCSO necessitates stringent punishment.
The conviction of a child in conflict with law under POCSO Act was upheld based on consistent witness testimonies and medical evidence; the presumptive guilt clause under POCSO aids prosecution. Sent....
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 main legal point established in the judgment is the principle that corroboration is not required for the testimony of the victim in case of rape if the evidence is of sterling quality. The judgme....
The conviction in sexual assault cases can be based solely on the victim's reliable testimony, irrespective of physical injury evidence.
Conviction under lesser charges cannot be sustained if the primary charge is not proven, emphasizing the need for corroborative evidence.
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....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
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....
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