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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
Kalgi Nand Delta – Appellant
Versus
State of H.P. – Respondent
Rakesh Kainthla, J.
The present appeal is directed against the judgment and order dated 25.09.2020, passed by the learned Additional District and Sessions Judge, Fast Track, Special Court, Solan, District Solan H.P. (learned Trial Court), vide which, the respondent (accused before the learned Trial Court) was convicted and sentenced as under:
| Under Section 354A of IPC | To suffer rigorous imprisonment for three years and pay a fine of ₹5,000/- (five thousand) and in default of payment of fine to further suffer imprisonment for three months. |
| Under Section 6 of the POCSO Act | To suffer rigorous imprisonment for ten years and pay a fine of ₹25,000/- (twenty-five thousand) and in default of payment of fine to further suffer imprisonment for one year. |
| Under Section 506 of IPC | To suffer rigorous imprisonment for two years and pay a fine of ₹2,000/- (two thousand) and in default of payment of fine to further suffer imprisonment for two months. . P |
| Under Section 12 of the POCSO Act | To suffer rigorous imprisonment for three years and pay a fine of ₹5,000/- (five thousand) and in default of . payment of fine to further suffer imprisonment for three months. H |
| Under Section 10 of the POCSO Act | To |
Victim testimony in sexual assault cases, when corroborated by medical evidence, holds substantial weight, and delay in reporting does not undermine credibility. Legal presumptions protect victims du....
Victim's credible testimony in sexual offence cases suffices despite minor discrepancies from cross-examination/illiteracy, FIR delay in conservative society, absent injuries; corroborated by matchin....
In appeals against acquittal, interference only if perverse or no reasonable view supports acquittal; unexplained FIR delay, material improvements in victim's testimony, and lack of corroboration jus....
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.
For offences punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012, evidence of victim itself is sufficient – It does not need corroboration of te....
Victim's reliable testimony sufficient for POCSO conviction without corroboration; FIR delay and absent injuries immaterial; minor contradictions ignorable; presumption under s.29 shifts burden post ....
Delay in lodging FIR and discrepancies in victim's testimony raise doubts; conviction cannot stand on sole basis of victim's statement without corroborative evidence.
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