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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, BIBHU DATTA GURU
Juvenile Conflicted With Law (Sic) – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
BIBHU DATTA GURU, J.
1. This appeal is directed against the judgment of conviction and order of sentence dated 16.10.2023 passed by the Juvenile Justice Board/learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ambikapur District Surguja, C.G. in Special Criminal Case No.60/2018 whereby the appellant/ child in conflict with law (henceforth ‘the CCL’) has been convicted and sentenced as under:-
| Conviction | Sentence |
| U/s 376(A)(B) of IPC | R.I. for 20 years and fine of Rs.1,000/-, with default stipulation. |
2. Case of the prosecution, in brief, is that on 17.06.2018, the mother of the prosecutrix (PW-03) lodged a report in the Ambikapur police station to the effect that she has three children, two sons and a daughter, and the prosecutrix is the eldest daughter. On 17.06.2018 at 07.00 am, she left her children and went to work as a labourer and her husband also went to work and only her children were at home. At around 12.00 noon, her son came and told her that his sister/the prosecutrix was crying and blood was oozing out from her urinary tract, then she came to her house with her son and saw that her daughter/prosecutrix was crying and blood was oozing from her u
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 sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
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 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 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.
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
Rule 12 is strictly applicable only to determine age of a child in conflict with law.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
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