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JASMEET SINGH
Kishore Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Jasmeet Singh, J. The appellant has filed the present appeal seeking setting aside of the impugned judgment of conviction dated 03.02.2020 and order of sentence dated 20.02.2020 convicting the appellant u/s 10/12 Protection of Children from Sexual Offences Act, 2012 (herein after called `POCSO.) and section 454/506 (II) IPC in session case no. 57694/2016 titled "State vs Kishore Kumar."
2. By the order dated 20.02.2020, the appellant has been sentenced to undergo Rigorous Imprisonment for three years along with a fine of Rs.2500/- for committing an offence punishable under Section 454 IPC. He was awarded similar sentences for committing the offence punishable under Section 506(II) IPC and Section 12 of the POCSO Act. In addition, he was sentenced to rigorous imprisonment for a period of five years along with a fine of Rs.2500/- for an offence punishable under Section 10 of the POCSO Act. The sentence of the appellant was suspended during the pendency of the appeal but due to the appellant's incapacity to furnish the surety amount, he could not be released. Hence the appeal has been taken up for hearing.
3. The facts of the case are that the complainant (mother of the chil
The sufficiency and reliability of a child victim's testimony in cases of sexual offences, and the presumption of guilt under POCSO Act.
Child victim's credible testimony can sustain conviction without corroboration; presumption of guilt under POCSO arises upon proof of foundational facts.
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.
Victim testimony in sexual assault cases is compelling without needing corroboration if credible.
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 sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
A child victim's testimony can warrant conviction without corroboration if found credible, as supported by medical evidence.
Conviction upheld based on consistent and reliable testimony of child victim, establishing guilt under POCSO Act despite absence of severe injuries; presumption of guilt applies once foundational fac....
Crime against women and Children - Modesty - Conviction confirmed - It is well settled that in a case of rape, finding of guilt can be recorded even on basis of uncorroborated testimony of prosecutri....
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