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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Sazad Deen – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 16.04.2022 passed by learned Special Judge, Chamba, District Chamba, H.P. (learned Trial Court) vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sections 354, 506, and 201 of the Indian Penal Code ( for short “IPC”) and Sections 8, 9, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012. (for short, “POCSO Act”) (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 354 and 506 of IPC and Sections 8, 9, 10 and 12 of POCSO Act. It was asserted that Kapil Sharma (PW-20) was posted as Co-ordinator, Childline, Chamba, District Chamba H.P. He came to know two months before the incident regarding the molestation of the girl students in Government Primary School. He and his team member Mamta Kumari visited the school and ma
The presumption of innocence remains until proven guilty, and an acquittal should not be disturbed without compelling reasons.
The testimony of a child witness can be relied upon if corroborated by other evidence, and the presence of support persons does not imply tutoring.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
The conviction for sexual offences against children can rely on the sole testimony of child victims if credible and corroborated by additional evidence.
The court affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
(1) Privacy of victims of sexual offences must be protected.(2) Rape – Degree of certainty is required before a person can be either convicted or acquitted of a crime – Absence of evidence of prosecu....
The need for corroboration of evidence, especially in cases involving child witnesses, and the rebuttable nature of the presumption under Section 29 of the POCSO Act.
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