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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN,J, SUSHIL KUKREJA,J
Kapil Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
The appellant-Kapil Kumar has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years for the commission of offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short the POCSO Act) and to pay a fine of Rs. 25,000/- and in default of payment of fine, he was further directed to undergo imprisonment of similar description for a period of one year. He was further sentenced to undergo simple imprisonment for a period of two years for the offence punishable under Section 506 of IPC and to pay a fine of Rs. 5,000/- and in case of default of payment of fine he was further directed to undergo imprisonment of similar description for a peHriod of one month. Both the sentences were ordered to be run concurrently.
2. Brief facts of the prosecuftion case are that on 20.03.2014 at about 11:30 a.m. Child Line Solan gave a secret information to Police Station, Kandaghat on telephone and requested that police officer be sent to GPS Silhari for recording the statement of complainant.
3. On this information, police visited the spot and recorded Cstatement of complainant master “PA” (name w
The conviction for sexual offences against children can rely on the sole testimony of child victims if credible and corroborated by additional evidence.
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.
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.
The main legal point established in the judgment is the reliance on victim testimony, witness statements, and medical evidence to establish guilt under the POCSO Act and IPC.
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....
The testimonies of minor witnesses can be relied upon if found reliable, and presumptions under the POCSO Act, 2012 can be drawn unless rebutted. The court also emphasized the need for rehabilitation....
The court upheld the conviction under POCSO Act based on the reliable testimony of the child victim, emphasizing that such testimony can alone sustain a conviction.
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