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DINESH MEHTA, RAJENDRA PRAKASH SONI
Babulal @ Babaliya – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Dinesh Mehta, J.
1. The appellant-convict Babulal @ Babliya has moved the present application under Section 389 of the Code of Criminal Procedure for suspension of sentence during the pendency of the appeal. Vide judgment dated 31.7.2023 passed by the learned Special Judge, POCSO Act Cases, Churu in Sessions Case No. 21/2021, appellant stands convicted and sentenced as mentioned below:
| Sentenced under Section | Sentence awarded | Fine imposed | Sentence in default of fine |
| 363 of IPC | Five years Rigorous Imprisonment | Rs. 5,000/- | Three months of Simple Imprisonment |
| 366 of IPC | Ten years of rigorous imprisonment | Rs. 10,000/- | Six months of Simple Imprisonment |
| 323 of IPC | One year of Rigorous Imprisonment | Rs. 1,000/- | One Month of Simple Imprisonment |
| 324 of IPC | Two year of Rigorous Imprisonment | Rs. 2,000/- | One Month of Simple Imprisonment |
| 5(m)/6 of POCSO Act | Life Imprisonment | Rs. 50,000/- | Six months of Simple Imprisonment |
2. All the sentences were ordered to run concurrently.
3. According to prosecution's narrative, on 17.2.2021 complai
The court allowed the suspension of sentence pending appeal due to significant inconsistencies in the evidence against the appellant, indicating strong grounds for appeal.
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
Victim's consistent testimony can uphold a conviction for penetrative sexual assault despite contradictions in prior statements and the absence of DNA evidence.
In cases involving sexual assault of minors, the consistent testimony of the victim, corroborated by medical evidence, is sufficient for conviction, and such conviction justifies denial of suspension....
The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
Delays in reporting sexual offences against children do not diminish the seriousness of the allegations; bail granted with conditions ensuring compliance until appeal resolution.
The court's decision on the application for suspension of sentence was influenced by the conviction for the offence of sexual assault upon a minor girl and the lack of evidence to support the claim o....
Accused’s conviction upheld due to corroborative victim testimony and DNA evidence, demonstrating the sufficiency of evidence in sexual offense cases.
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