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SABINA, SUSHIL KUKREJA
Sunil Kumar @ Sonu – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sushil Kukreja, J.
The instant appeal filed under Section 374 (2) of Code of Criminal Procedure, laying challenge to the judgment of conviction dated 19.06.2021 and order of sentence dated 23.06.2021, passed by learned Special Judge, Fast Track Special Court (under POCSO Act), Kangra at Dharamshala, District Kangra, Himachal Pradesh, in RBT Sessions Case No.129-P/VII/20/2019, titled State of Himachal Pradesh Versus Sunil Kumar @ Sonu, whereby the appellant (hereinafter referred to as the accused), was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.20,000/- and in default of payment of fine, he shall further undergo rigorous imprisonment for period of one year, for the commission of offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the Act’).
2. The prosecution story, in brief, is that on 02.12.2018 the complainant (name withheld) alongwith her husband made a complaint at Police Station Bhawarna to the effect that her daughter, i.e. child victim, was missing since morning at about 7.30 a.m. when she had gone to a temple. About 8-10 days back, the child victim had sen
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
Prosecution must establish foundational facts beyond reasonable doubt; mere reliance on victim’s inconsistent testimony is insufficient for conviction.
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
The testimony of the prosecutrix, if creditworthy and trustworthy, can be the sole ground for convicting the accused in cases of sexual assault, and corroboration of her testimony is not essential. T....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
The court upheld the conviction for attempted rape based on the victim's testimony, corroborated by a witness and medical evidence, despite challenges regarding contradictions and lack of penetration....
The main legal point established is that the testimony of the victim/prosecutrix can be the sole basis for conviction in cases of sexual assault, without the need for corroboration, if found trustwor....
The victim's testimony in sexual assault cases should be weighed on reliability rather than strict corroboration, reflecting the trauma and context of the crime.
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