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PANKAJ BHANDARI, BHIJWAN GOYAL
Gajendra Singh Choudhary – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
The Judgment of the Court was delivered by
PANKAJ BHANDARI, J.:— Accused-appellants have preferred these appeals aggrieved by judgment of conviction and order of sentence dated 21.12.2013 passed by Special Judge, Special Court, POCSO Act, 2012, Ajmer, whereby appellant has been convicted for offence under Section 3 66 IPC and under Section 3 /4 of POCSO Act, 2012 and has been sentenced to ten years rigorous imprisonment and fine of Rs. 1,000/- and on non-payment of fine to further undergo one year additional rigorous imprisonment for offence under Section 3 66 IPC and life imprisonment and fine of Rs. 2,000/- and on non-payment of fine, to further undergo two years rigorous imprisonment for offence under Section 4 of POCSO Act. Both the sentences were directed to run concurrently.
2. Succinctly stated the facts of the case are that on 03.02.2013, PW-2 (Manju)-mother of the victim lodged a written report at Police Station Christianganj, Ajmer (Ex. P-1). It was stated in the complaint that on 03.02.2013 at around 01:30 pm, the accused appellant kidnapped the victim from Daharsen Park, where the victim had gone along with her three siblings. In the complaint, it was averred
The main legal point established in the judgment is the reliance on corroborative evidence, including medical reports and witness testimony, to establish the commission of sexual offences. Additional....
Evidence of the prosecutrix if inspires confidence of the Court, can be accepted without there being any corroboration.
Conviction under POCSO Act requires credible evidence; inconsistencies and potential tutoring in the victim's testimony can render a conviction unsafe.
The statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
The prosecution must conclusively establish the victim's age under the POCSO Act, and inconsistencies in the victim's testimony can undermine the case against the accused, warranting acquittal.
The court emphasized that the prosecution must prove the victim’s age beyond a reasonable doubt to establish the charge of rape, which was not satisfied in this case.
The main legal point established in the judgment is that the evidentiary value of DNA is corroborative, and doubts surrounding the recovery of evidence can undermine the corroborative value of the DN....
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
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