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MUKTA GUPTA
Khurshid Alam – Appellant
Versus
State – Respondent
JUDGMENT
Mukta Gupta, J.
1. By the present appeal, the appellant challenges the impugned judgment dated 31st July, 2018 convicting the appellant for offence punishable under Section 376(2) IPC and Section 6 of the Protection of Children from Sexual Offences Act, (in short, `POCSO Act') and the order on sentence dated 6th August, 2018, whereby the appellant is directed to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.5,000/- in default whereof to undergo simple imprisonment for a period of six months for the aggravated penetrative sexual assault under Section 6 of the POCSO Act, and no separate sentence was awarded for the offence punishable under Section 376(2)(i) IPC.
2. Learned counsel for the appellant submits that the version of the victim who was aged 5 years at the time of alleged incident is not corroborated by the MLC for the reason the MLC only shows slight inflammation around hymen, whereas the victim stated that she was raped three times by the appellant. It is highly unnatural that despite being raped for three times no injuries were caused on the vagina of the minor victim. The slight inflammation around hymen could be for various reas
The significance of medical evidence in cases of sexual assault on minors, and the interpretation that even slight penetration can lead to inflammation, supporting the victim's testimony.
The main legal point established in the judgment is the reliance on the consistent version of the prosecutrix in reaching the decision to convict the appellant under Section 6 of the POCSO Act.
Consistent testimony of a minor victim, even amid conflicting medical evidence, supports a conviction under the POCSO Act for sexual assault.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
In sexual assault cases involving minors, the victim's testimony holds significant weight and need not be corroborated unless substantial reasons exist; even minimal penetration suffices to establish....
Penetration, even partial, constitutes rape under IPC and POCSO Act; the credibility of child witnesses must be carefully assessed.
Minor contradictions in the victim's statement do not make her testimony unreliable, and the absence of injuries on the victim's private parts does not negate the commission of penetrative sexual ass....
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
Rape – Conviction and sentence must be upheld where victim’s testimony is not only consistent but fairly detailed also.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
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