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KARDAK ETE
Shivkant Mishra S/O Late Ram Prakash – Appellant
Versus
State Of AP – Respondent
JUDGMENT :
Heard Mr. D. Soki, learned counsel for the appellant. Also heard Mr. T. Ete, learned Addl. P.P. for the State and Ms. N. Anju, learned legal aid counsel for the respondent no.2.
2. This Criminal appeal under Section 374(2) of Code of Criminal Procedure,1973, is directed against the Judgment and order dated 18.10.2022 passed by learned Special Judge (POCSO), Aalo, in POCSO Case No. 02/2021, whereby, the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for 7 (seven) years for the offence under Section 10 of the POCSO Act, 2012, with a fine of Rs. 25,000/-with a default stipulation to undergo further imprisonment for a period of three months.
3. The case set up by the prosecution, in brief, is that on 19.11.2020 at around 1545 hours a written FIR was lodged at Police Station, Aalo, by the father of the victim girl, alleging that on 16.11.2020 one Shri Shivkant Mishra (appellant herein) Principal In-charge of ITBP School, Aalo, had sexually assaulted his minor daughter, a student of class-IX of ITBP Public School, Aalo, by touching her breast and other body parts with sexual intent.
4. On receipt of the said FIR, Aalo P.S. Case No. 72/2020, und
The court affirmed that the testimony of a minor victim in sexual assault cases is credible and sufficient for conviction, especially under the POCSO Act, where the burden of proof shifts to the accu....
The POCSO Act allows for conviction based on the victim's testimony, provided it is credible, with burden shifting to the accused under Section 29 to prove innocence.
The main legal point established in the judgment is the interpretation and application of the provisions of the POCSO Act, specifically Section 7 read with Section 8, in determining the guilt of the ....
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
The burden of proof lies with the prosecution, and statutory presumptions do not relieve the prosecution from proving its case. Witness testimonies and evidence must be conclusive to establish guilt.
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
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