Back
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Milan Kumar Rai – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J. - Mr. Jorgay Namka, learned counsel for the appellant, sought to assail the impugned judgment dated 11.10.2021 passed in S.T. (POCSO) Case No. 10 of 2020 convicting the appellant under section 376(2)(n) and 376(3) of the INDIAN PENAL CODE , 1860 (IPC) as well as under section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) as amended by the POCSO Amendment Act, 2019 on the ground that the victim's statement is not of sterling quality and is not corroborated by other evidence. It is argued that there is no evidence to suggest when and where the alleged offence took place. Mr. Namka submitted that the FIR (exhibit-1) was lodged on 02.05.2020 after recording the statement of the victim's mother who stated that she learnt about the incident in the year 2017 which transpired earlier. The mother of the victim, however, deposed before the court that it was in the year 2016 that the incident took place as informed to her. The victim, however, did not give any date or time of the incident and barely stated that the appellant opened her clothes, fondled her breasts and committed penetrative sexual assault on her in the dairy. She also de
Credible victim testimony can support conviction, but prosecution must prove guilt beyond a reasonable doubt, which requires clear evidence not based on conjectures.
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
Victims of sexual crimes can be considered 'sterling witnesses' whose credible testimony, despite minor discrepancies, is sufficient for conviction under the POCSO Act.
The testimony of a victim, particularly a minor or disabled, can substantiate a conviction in sexual assault cases without needing corroboration, provided it is credible and consistent.
Sexual Assault - Recording of confessions and statements - Conviction upheld - Evidence of prosecution witnesses as well as initial statement given by victim child under Section 164 of Cr.P.C. substa....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
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 testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
