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SANJEEV PRAKASH SHARMA, SANJAY VASHISTH
..... – Appellant
Versus
..... – Respondent
JUDGMENT :
Mr. Sanjay Vashisth, J.
By way of this common judgment, appeals filed by two convicts, namely, Virender s/o Bharat Singh (CRA-D-7-2022) and Darshan s/o Ramphal (CRA-D-8-2022) are being decided which have been filed after they were held guilty by the Court of learned Additional Sessions Judge, Fast Track Special Court, Protection of Children from Sexual Offences, Jind. The offences under which the appellants have been convicted and the period of sentence awarded is as under:
| Name of convict | offence under section | Period of Sentence | Fine Imposed | Period of Sentence in default of payment of fine |
| Virender | 363 IPC | RI for five years | Rs.20,000/- | SI for one year |
|
| 366 IPC | RI for five years | Rs.20,000/- | SI for one year |
|
| 4 of POCSO Act | RI for twenty years | Rs.100,000/- | SI for two years |
| Darshan | 6 of POCSO Act | RI for twenty years | Rs.100,000/- | SI for two years |
2. On account of the missing daughter of the complainant-Surender Jain one FIR No. 484 dated 04.09.2018, under Sections 363 and 366-A of INDIAN PENAL CODE , 1860 (for short, ‘IPC’) was registered at Police Station C
The prosecution must provide sufficient evidence to establish charges beyond reasonable doubt; mere allegations, without corroboration, are insufficient for conviction.
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....
The prosecution must prove foundational facts beyond reasonable doubt, and the presumption of guilt under the POCSO Act does not relieve it of this burden.
The prosecution must prove foundational facts, including the victim's age and the occurrence of the alleged crime, beyond reasonable doubt for a conviction under the POCSO Act.
The conviction was quashed due to insufficient evidence and credibility issues with the victim, highlighting the necessity of establishing a solid evidentiary foundation in sexual assault cases.
The prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.
The prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
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