Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Paramjeet Singh @ Pamma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. appeal against pocso conviction and facts (Para 1 , 2) |
| 2. trial charges, evidence, accused denial (Para 3 , 4 , 5) |
| 3. victim credible, presumption unrebutted (Para 6) |
| 4. delay, no injury, contradictions fatal (Para 7 , 9) |
| 5. testimony natural, contradictions minor (Para 10) |
| 6. victim testimony reliable, motive denied (Para 11 , 12 , 13 , 14) |
| 7. fir delay not fatal in sex offences (Para 15 , 16 , 17) |
| 8. no fixed victim reaction expected (Para 18 , 19) |
| 9. minor contradictions due to time lapse (Para 20 , 21 , 22 , 23 , 24) |
| 10. no injury, no corroboration required (Para 25) |
| 11. porn clip corroborates victim statement (Para 26 , 27) |
| 12. case property integrity established (Para 28) |
| 13. omission needs proper contradiction procedure (Para 29 , 30 , 31 , 32 , 33) |
| 14. pocso presumption after foundational facts (Para 34 , 35 , 36 , 37 , 38 , 39) |
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 imprison |
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 ....
School certificate determines minor's age preferentially; POCSO conviction upheld on credible victim testimony despite delay, contradictions (unproved), negative medicals; presumption activated 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
