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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Sazaad Deen – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 03.12.2019 passed by learned Special Judge, Chamba, District Chamba, H.P. (learned Trial Court) vide which the respondent (accused before the learned Trial Court) was convicted of the commission of offences punishable under Sections 354-A of the Indian Penal Code (for short “IPC”), and Sections 8, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012(for short, “POCSO Act”) and order dated 04.12.2019, vide which he was sentenced as under:-
| Sections | Sentences |
| 354-A IPC | Rigorous imprisonment for three years and a fine of Rs.10,000/-. In default of payment of fine amount, to further undergo simple imprisonment for two months. |
| Section 9(f) punishable under Section 10 of POCSO Act | Rigorous imprisonment for five years and fine of Rs.15,000/-. In default of payment of fine amount to further undergo simple imprisonment for three months. |
(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 befor
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 presumption of innocence remains until proven guilty, and an acquittal should not be disturbed without compelling reasons.
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
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 sufficiency of the testimony of a child witness in convicting an accused and the need for careful evaluation of the testimony, emphasizing the reliability of the witness.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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....
Point of law: POCSO - Special Court may, in appropriate cases, on its own or on an application having been filed, pass an order for interim compensation for the immediate needs of the child.
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