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RITU BAHRI, MANISHA BATRA
Rakesh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Manisha Batra, J. - The present appeal has been directed against the judgment of conviction dated 05.02.2020 and order of quantum of sentence dated 06.02.2020 passed by the learned Additional Sessions Judge (Fast Track Court), Gurugram in Sessions case No.198 of 2018 titled State v. Rakesh whereby the appellant-accused had been held guilty for commission of offence punishable under Section 6 of The Protection of Children from Sexual Offence Act, 2012 (for short 'POCSO Act') and had been sentenced to undergo rigorous imprisonment for a period of 20 years and to pay fine of Rs.50,000/- and in default of payment of fine, he was further sentenced to undergo rigorous imprisonment for a period of one year. Simultaneously, the victim was directed to be paid compensation of Rs.5 lacs by DLSA, Gurugram.
2. Brief matrix of the case is that on 21.10.2016, on receipt of an information regarding an incident of rape having taken place with a three years' old girl in the area of Basai Enclave, Gurugram and she being referred to General Hospital, Gurugram, a police party headed by PW-2 ASI Amandeep Kaur reached there and recorded statement of mother of the victim 'R' (name withheld) who all
The main legal point established in the judgment is the requirement for foundational facts to activate the statutory presumption under Section 29 of the POCSO Act and the need for the accused to crea....
Prosecution must establish foundational facts beyond reasonable doubt; mere reliance on victim’s inconsistent testimony is insufficient for conviction.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
School certificate determines minor's age preferentially; POCSO conviction upheld on credible victim testimony despite delay, contradictions (unproved), negative medicals; presumption activated post ....
The need for corroboration of evidence, especially in cases involving child witnesses, and the rebuttable nature of the presumption under Section 29 of the POCSO Act.
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