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MUKTA GUPTA, POONAM A. BAMBA
Shekhawat – Appellant
Versus
State – Respondent
Mukta Gupta, J.
1. By the present appeal, the appellant challenges the judgment dated 11th December, 2018 whereby he was convicted for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (`POCSO Act') and 363 & 323 of the Indian Penal Code (`IPC'). The appellant also challenges the impugned order on sentence dated 17th December, 2018, whereby he was directed to undergo imprisonment for life along with fine of Rs.20,000/- for offence punishable under Section 6 of the POCSO Act, rigorous imprisonment for a period of seven years and fine of Rs.10,000/- for offence punishable under Section 363 IPC and rigorous imprisonment for a period of one year and to pay fine of Rs.1,000/- for offence punishable under Section 323 IPC, in default whereof, to undergo simple imprisonment for three months.
2. As per the prosecution, brief facts of the case are that in the evening of 8th April, 2015, the victim went to play in the street outside her house, with her friend (`B') and at about 9.00-9.30 PM, victim's mother `K' (PW-12) realized that the victim had not returned back home and was also not present in the street outside. The parents of the victim al
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The burden of proof under Sec. 29 of the POCSO Act, consistency of evidence, and the applicability of relevant sections of the POCSO Act and IPC in cases of sexual offenses against minors.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
Sentence must be based on comparative analysis of aggravating and mitigating circumstances.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The credibility of victim testimony can sustain conviction in sexual assault cases, and an accused must prove age under POCSO to avoid liability.
The testimony of a child witness can be relied upon if corroborated by other evidence, and the presence of support persons does not imply tutoring.
The court upheld the conviction under POCSO Act based on the reliable testimony of the child victim, emphasizing that such testimony can alone sustain a conviction.
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
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