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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Abinash Digal @ Papun Digal – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. outline of case and allegations against the accused. (Para 1 , 2) |
| 2. appellant's challenges to the trial court's conviction. (Para 3 , 4) |
| 3. trial court's findings on conviction. (Para 5 , 6) |
| 4. importance of victim's age in pocso cases. (Para 9 , 10 , 11 , 12) |
| 5. definition of sexual assault under pocso. (Para 13 , 14) |
| 6. statutory presumptions of sexual intent. (Para 15 , 16 , 18) |
| 7. criteria for outraging a woman’s modesty. (Para 21 , 22 , 30) |
| 8. credibility of victim testimony and corroboration. (Para 24 , 28) |
| 9. conclusion on appeal and affirmation of conviction. (Para 31 , 32 , 33 , 34) |
JUDGMENT:
Sanjeeb K.Panigrahi, J.
1. The Appellant has filed the instant Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973/ Section 415 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellate jurisdiction of this Court. The appeal is preferred against the Judgment dated 01.10.2014 passed by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Phulbani, in C.T. Case No.56 of 2021 arising out of Raikia P.S. Case No.82 of 2021, whereby the appellant was convicted for the offences under Section 8 of the Protection of Children
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
(1) Most important ingredient for constituting offence of sexual assault under Section 7 of POCSO Act is “sexual intent” and not “skin to skin” contact with child.(2) Interpretation of Section 7 of P....
Prosecution can establish the age of the victim through reliable oral testimonies, such as those from the victim and her mother, even if specific documentary evidence under the PoCSO Act is absent.
The main legal point established in the judgment is the interpretation and application of the provisions of the POCSO Act, specifically Section 7 read with Section 8, in determining the guilt of the ....
The conviction under the POCSO Act and IPC was upheld based on the victim's credible testimony and the established sexual intent of the Appellant.
The prosecution must establish both the victim's age and the accused's specific intent for conviction under the POCSO Act, with intoxication acting as a potential defense only if it incapacitates the....
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
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