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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J
Ramesh Kumar, S/o Sambhu Ram Kachlam – Appellant
Versus
State Of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. hearing on application for bail and suspension of sentence. (Para 1 , 2) |
| 2. factual account of the crime and trial proceedings. (Para 3 , 4 , 5 , 6) |
| 3. arguments of both the appellant and the prosecution. (Para 7 , 8) |
| 4. court analysis of evidence and testimony. (Para 9 , 10) |
| 5. validation of evidence despite witness hostility. (Para 21 , 22 , 23) |
| 6. legal principles on the impact of hostile witnesses. (Para 26 , 29) |
| 7. final conclusion and orders of the court. (Para 30 , 31 , 32 , 33) |
JUDGMENT :
Ramesh Sinha, C.J.
1. Though, today the present appeal has been listed for hearing on I.A. No.1 of 2022, which is an application for suspension of sentence and grant of bail, however with the consent of learned counsel for the parties and considering the period of detention of the appellant, the appeal is heard finally.
2. Accordingly, I.A. No. 01 of 2022 stands disposed of.
3. This criminal appeal arises out of the judgment of conviction and order of sentence dated 18.04.2022 passed by the Special Judge (POCSO), Balod, District Balod, (C.G.), in Special Session Case Pocso No. 85/2018, whereby the appellant has been convicted for offence under Section 3/4 of the Protection of Child
The conviction under the POCSO Act was upheld due to overwhelming medical and DNA evidence, despite the victim's hostile testimony.
Consent is irrelevant in POCSO cases when the victim is a minor, and retrospective imposition of harsher penalties is unconstitutional under Article 20(1).
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
Evidence of a prosecution witness cannot be rejected in toto merely because prosecution chose to treat him as hostile and cross-examined him.
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
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.
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