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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
SHALINI SINGH NAGPAL, J.
The appeal challenges judgment of conviction and order on quantum of sentence dated 24.02.2003 of learned Additional Sessions Judge, (Fast Track Special Court under POCSO Act) Yamuna Nagar, Jagadhari, in Sessions Case No. 100 of 2020, arising out of FIR No. 85 dated 27.05.2020, under Section 376-AB IPC and Section 6 of the POCSO Act, 2012, Police Station Partap Nagar.
2. Vide impugned judgment, appellant was convicted under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.20,000/-. In default of payment of fine, he was ordered to undergo further simple imprisonment for a period of six months.
3. The facts, as enumerated in the report under Section 173 Cr.P.C. are that complainant (father of the minor prosecutrix) stated in his complaint to the police that he had a son and two daughters. His younger daughter ‘A’ was about four years old. That day, when he came home from work, his wife informed him that when ‘A’ was playing in the Temple near their house, at about 5:30 p.m. their neighbour Sandeep Kumar son of Ram Shar
The prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
The conviction under Section 6 of the POCSO Act was overturned due to procedural violations, illustrating the necessity of adhering to legal protocols in sexual assault cases involving minors.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
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 sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
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