Back
M. K. THAKKER
State Of Gujarat – Appellant
Versus
Mohanbhai Mathurbhai Kanjaria – Respondent
JUDGMENT :
1. This appeal is filed by the State under Section 378 of the Code of Criminal Procedure, 1973 (‘the Cr.P.C. referred hereinafter) challenging the judgment and order of acquittal dated 11.12.2015 passed by the learned Additional Sessions Court, Jamnagar in Special (POCSO) Case No.7 of 2014.
2. It is the case of the prosecution that the complaint came to be lodged before the Kalyanpur Police Station on 01.10.2013 by the father of the prosecutrix, who is aged 10 years studying in standard 4 at Juvanpur Kanya Shala, alleging that his daughter, during recess hours of school came for the lunch at around 1’O Clock on 30.09.2013 and left for school on completion of lunch around 01:45p.m., she came back to the home and was shouting when reason was asked about returning to home by the grandmother, she disclosed that Mohanbhai Mathurbhai Kanjaria, who is staying on opposite side of the house of the prosecutrix had taken her into the courtyard of his house by asking her that he would give her Rs.20 and thereafter had started molesting her, when she shouted, she was allowed to go back to her house. With the aforesaid allegation the complaint came to be filed under Section 354 of the I
The main legal point established is that the testimony of the prosecutrix, supported by medical evidence and witness statements, can be sufficient to prove guilt under the POCSO Act and the Indian Pe....
Conviction can be based solely on prosecutrix's evidence, unless there are compelling reasons for seeking corroboration.
Point of Law : Section 42 and Section 42A of POCSO Act, if accused is convicted under provisions of IPC as well under POCSO Act, higher punishment is required to be imposed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
