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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Paramjeet Singh @ Pamma – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present appeal is directed against the judgment of conviction and order of sentence dated 25.6.2015, passed by learned Special Judge, Una, District Una, H.P., vide which the appellant (accused before learned Trial Court) was convicted and sentenced as under:-
| Under Section 4 of the POCSO Act | To suffer imprisonment for seven years, pay a fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for two months. |
| Under Section 293 of the IPC | To suffer imprisonment for one year, pay a fine of Rs.2000/- and in default of payment of fine, to undergo further simple imprisonment of 15 days. |
(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 for the commission of offences punishable under Sections 377 and 294 of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). It was asserted that the victim (name withheld to protect his identity) was born on 26.7.1999. The accused h
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 ....
Point of law: Conviction upheld - In the absence of cogent evidence brought on record to prima-facie establish the foundational facts, conviction of the accused cannot be based solely on presumption ....
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
The POCSO Act allows for conviction based on the victim's testimony, provided it is credible, with burden shifting to the accused under Section 29 to prove innocence.
Sexual Assault - Recording of confessions and statements - Conviction upheld - Evidence of prosecution witnesses as well as initial statement given by victim child under Section 164 of Cr.P.C. substa....
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....
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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