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MANASH RANJAN PATHAK, BUDI HABUNG
Jayaprakash P. D. S/o Lt. P. D Gopi – Appellant
Versus
State of AP through the Public Prosecutor – Respondent
JUDGMENT :
Budi Habung, J.
Heard Ms. S. V. Darang, learned Amicus Curiae for the appellant. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent No. 1; and Ms. N. Danggen, learned legal aid counsel for the respondent No. 2.
2. This criminal jail appeal has been registered based on the forwarding of the appeal filed by the convict, Shri Jayaprakash P.D as per the notification No. 32 dated 23.05.2022 issued by the Registrar (Judicial) Gauhati High Court. The Additional Sessions Judge, Basar Leparada in BSR/POCSO-09/19 convicted the appellant Jayaprakash P.D and sentenced him to undergo imprisonment for 10 (ten) years with fine of Rs. 10,000/-(Rupees Ten thousand) for the offence under Section 377 IPC, and 20 (twenty) years rigorous imprisonment and a fine of Rs. 2,000/-(Rupees Two thousand) for the offence under Section 5(f)(l)(m)/6 of POCSO Act, 2012 with default clause under Section 377 of IPC R/w Section 5(f)(l)(m)/6 of POCSO Act, 2012.
FACTS OF THE CASE
3. The brief fact of the case leading to the filling of the present appeal is that on 03.07.2019 at around 21:15 hrs, a written FIR was received from one Shri Tai Mara Leyu, of Poda Mara village, Taliha
The court established that consistent testimony from a minor, corroborated by medical evidence, is sufficient to uphold a conviction for sexual offences under IPC and POCSO Act.
The necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
The central legal point established in the judgment is the interpretation and application of the definition of 'Aggravated Sexual Assault' under the POCSO Act, based on the evidence and legal provisi....
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
The judgment emphasizes the importance of corroborative evidence, such as medical evidence, in establishing guilt beyond reasonable doubt in cases of sexual assault. It also underscores the gravity o....
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
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