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IN THE HIGH COURT OF ORISSA, CUTTACK
S.K. SAHOO
Bapun Singh – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. establishment of facts surrounding the kidnapping and sexual assault. (Para 1 , 2 , 3 , 4) |
| 2. defendant's denial and claims regarding the victim's age. (Para 5 , 8) |
| 3. court's analysis confirming victim's age and credibility. (Para 6 , 9 , 10) |
| 4. application of law regarding severity of offences and sentencing. (Para 11) |
JUDGMENT :
The appellant Bapun Singh faced trial in the Court of learned Additional Sessions Judge -cum- Special Judge, Balasore in Special Case No.379 of 2017 for commission of offences punishable under sections 363/366/376(2)(i)(n) of the INDIAN PENAL CODE (hereinafter referred to as ‘I.P.C.’) read with section 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’) on the accusation that on 29.09.2017 at about 6.00 a.m., he kidnapped the victim (P.W.1), who was the minor daughter of the informant (P.W.2) aged less than sixteen years, from village Bankapada without the consent of the informant from his lawful guardianship, with the intent that she might be compelled or forced to marry him against her will or might be forced to illicit intercourse, committed rape on the victim repeatedly and also committed ag
The conviction of a minor for kidnapping and repetitive rape is upheld when credible evidence establishes the victim's minority and the accused's actions contravene statutory provisions regarding chi....
(1) Defence is not required to prove its plea beyond all reasonable doubts, but when inconsistent pleas have been taken by defence, same cannot be accepted.(2) Statement of a witness recorded under S....
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
The prosecution must conclusively establish the victim's age under the POCSO Act, and inconsistencies in the victim's testimony can undermine the case against the accused, warranting acquittal.
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
The court ruled that the prosecution failed to prove the minor status of the victim beyond a reasonable doubt, undermining the conviction under the POCSO Act.
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