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SURESHWAR THAKUR, KULDEEP TIWARI
Simranjit Singh @ Simar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
The instant appeal is directed against the impugned verdict, as made on 5.8.2022, upon Sessions case bearing No.185-2017, by the learned Additional Sessions Judge-cum-Fast Track Court (POCSO), Jalandhar wherethrough in respect of charges respectively drawn against the accused qua offences punishable under Sections 363, 366-A, 376, 506 IPC and under Sections 4, 6 and 8 of the Prevention of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act, 2012’), thus the learned trial Judge concerned, proceeded to record a finding of conviction against appellant convict.
2. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the appellant-convict in the hereinafter extracted manner.
| Name of the convict | Under Section | Rigorous Imprisonment | Fine | In default |
| Simranjit Singh @ Simar | 363 of IPC | 7 years | Rs. 10,000/- | 3 months |
|
| 366 of IPC | 10 years | Rs. 20,000/- | 3 months |
|
| 6 of POCSO Act | 20 years | Rs. 1 Lac | 1 year |
3. In addition, under Section 357-A, the victim/prosecutrix became granted Rs.4 Lac
The court found that the prosecution failed to prove the prosecutrix's age and that the sexual encounter was consensual, leading to the acquittal of the accused.
[The judgment establishes that corroborative evidence, including medical reports and witness testimonies, is crucial in sexual assault cases, particularly when the victim is a minor. The court emphas....
The credibility of the prosecutrix's testimony, corroborative evidence, and absence of gross infirmity in the evidence are crucial in establishing guilt under the relevant legal provisions.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The conviction for sexual assault on a minor was upheld based on credible testimony and corroborative medical evidence, establishing guilt beyond reasonable doubt.
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