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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Mukesh Bhuian, son of Ashok Bhuian – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
This criminal appeal is directed against the Judgment of conviction dated 28.02.2017 and order of sentence dated 01.03.2017 passed by the learned 1st Addl. Sessions Judge-Cum-Special Judge, Latehar in POCSO Case No. 03/2015, whereby and whereunder, the appellant having been found guilty of charge under Sections 4 and 6 of the POCSO Act and has been convicted and sentenced to undergo rigorous imprisonment for life with a fine of Rs.3,000/-.
2. Challenging the judgment of conviction and order of sentence, learned counsel for the appellant submitted that the medical report does not suggest that any sexual assault has been committed upon the victim girl. He further submitted that there is delay of seven days in lodging the First Information Report, without any explanation. He also submitted that P.W. 1, who is none but the grand-mother of the victim girl, has been declared hostile. He further submitted that while deposing, the victim girl has stated that she could not identify the person, who had entered her room. It has been further submitted that as per the prosecution the occurrence had taken place on 6.2.2015, thereafter the victim was given medical treatment
The court affirmed that the sole testimony of a victim can suffice for conviction in sexual assault cases if deemed credible, despite medical evidence limitations.
Reliable victim testimony in POCSO cases suffices for conviction without mandatory corroboration; life imprisonment upheld for repeated aggravated assault by father on minor daughter, supported by me....
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
The conviction under POCSO Act was upheld due to substantive corroborative evidence despite minor delays in complaint filing.
Conviction for aggravated penetrative sexual assault was overturned due to lack of penetrative evidence; modified conviction for sexual assault under relevant sections of the POCSO Act was upheld.
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