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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
Nasib Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. defense claims of false implication. (Para 5 , 7) |
| 3. victim's testimony considered unreliable. (Para 6 , 12 , 13) |
| 4. principle of parity in witness testimony. (Para 15 , 16) |
| 5. lack of corroborative evidence. (Para 24 , 25) |
| 6. appeal judgment and order set aside. (Para 26 , 27 , 28) |
JUDGMENT :
Rakesh Kainthla, J.
1. The present appeal is directed against the judgment dated 24.03.2021, passed by the learned Special Judge, Fast Track Special Court, Kangra at Dharamshala, vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’) and order dated 25.03.2021, vide which he was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo simple imprisonment for six months. (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 pr
Victim testimony must be corroborated; reliance solely on unverified accounts is insufficient for conviction under POCSO.
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 conviction of an accused in sexual assault cases can be based on the sole, consistent, and credible testimony of the victim, as corroboration is not a mandatory legal requirement, provided the ev....
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
Prosecution must establish foundational facts beyond reasonable doubt; mere reliance on victim’s inconsistent testimony is insufficient for conviction.
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
The prosecution must establish guilt beyond a reasonable doubt, with sufficient and credible evidence; failure to do so invalidates a conviction.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution must conclusively establish the victim's age under the POCSO Act, and inconsistencies in the victim's testimony can undermine the case against the accused, warranting acquittal.
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