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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ramesh Chand alias Baag – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background and trial proceedings summary (Para 1 , 2 , 3 , 4 , 5) |
| 2. trial court conviction and appeal grounds (Para 6 , 7) |
| 3. parties' counsels' submissions on appeal (Para 8 , 9 , 10) |
| 4. hierarchical age determination via school certificate preference (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. delay in fir explained in child sexual assault (Para 19 , 20 , 21) |
| 6. victim testimony credible despite contradictions (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 7. no need for identification parade (Para 31 , 32) |
| 8. minor witness discrepancies not fatal (Para 33 , 34) |
| 9. medical evidence supports possibility of assault (Para 35 , 36 , 37 , 38 , 39) |
| 10. victim testimony sufficiently corroborated (Para 40 , 41) |
| 11. kidnapping offence under section 363 ipc proved (Para 42) |
| 12. pocso section 29 presumption after foundational facts (Para 43 , 44 , 45 , 46 , 47 , 48) |
| 13. sentence modified for ipc offence (Para 49 , 50 , 51 , 52 , 53 , 54) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present appeal is directed against the judgment dated 29.03.2022 passed by learned Special Judge, Fast Track Court (POCSO), Mandi, Himachal Pradesh, vide which the appellant (accused before the lear
School certificate determines minor's age preferentially; POCSO conviction upheld on credible victim testimony despite delay, contradictions (unproved), negative medicals; presumption activated post ....
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 ....
The prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
The prosecution must prove foundational facts, including the victim's age, beyond reasonable doubt, even under statutory presumptions of the POCSO Act.
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 prosecution must prove foundational facts, including the victim's age and the occurrence of the alleged crime, beyond reasonable doubt for a conviction under the POCSO Act.
(1) It is only when there is penetrative sexual assault which implies sexual contact with or without consent of minor victim, that offences under POCSO Act are committed.(2) Only in absence of birth ....
Deceased minor victim's statements on sexual assault admissible under Evidence Act S.32 if causing death; school-first certificate proves age; no dual sentence under IPC S.376 and POCSO S.4 per S.42 ....
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
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