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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
LISA GILL, ALOK JAIN
Jai Bhagwan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Lisa Gill, J.
1. This appeal has been filed by appellant, Jai Bhagwan, challenging judgment dated 21.08.2018 passed by learned Additional Sessions Judge, Kaithal whereby he has been convicted for the offences punishable under Section 376(2)(n) of Indian Penal Code (for short - 'IPC') and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short - 'POCSO Act') and order dated 23.08.2018, whereby he has been sentenced to undergo rigorous imprisonment for life that is remainder of his natural life besides pay a fine of Rs.50,000/- for the offence punishable under Section 376(2)(n) IPC and in default thereof undergo simple imprisonment for two months.
2. Brief facts as per prosecution version are that FIR No. 102 dated 27.06.2017 under Sections 376, 506 IPC and 6 of POCSO Act was registered on the basis of application submitted by victim herself, accompanied by her mother, wherein it is alleged that victim, 15 years old, was studying in 9th standard, her father had three brothers with present appellant being her father's younger brother. Victim's mother, it is stated, often remained out of their house for labour work and that victim used to come back from sc
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
The victim's testimony in sexual assault cases is vital and reliable, and delay in lodging the FIR is not fatal to the prosecution's case.
The main legal point established in the judgment is the reliance on corroborative evidence, including medical reports and witness testimony, to establish the commission of sexual offences. Additional....
The court affirmed that intoxication negates consent in cases of sexual assault against minors, emphasizing the importance of corroborative evidence in establishing the accused's guilt.
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The conviction for repeated rape of a minor was upheld based on credible victim testimony and medical evidence, with sentencing modified to 20 years on compassionate grounds considering the appellant....
The sufficiency of evidence from a single witness and the principle that delay in lodging the FIR does not necessarily affect the truthfulness of the prosecution case were central legal points establ....
The court affirmed that the victim's age and the nature of the crime negate any claims of consent, upholding the conviction based on sufficient evidence.
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