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ASHWANI KUMAR MISHRA, VINOD DIWAKAR
Rahul – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
VINOD DIWAKAR, J.
1. We have heard Shri Sunil Kumar, learned counsel for the appellant and Shri Arunendra Kumar Singh, learned AGA for the state.
2. This appeal has been filed against the impugned judgment and order dated 18.12.2018 passed by Ist Additional Sessions Judge, Orai, District Jalaun, in Session Trial No. 56 of 2018 (State vs. Rahul), arising out of Case Crime No. 20 of 2018, U/S 376(2)(i), 323 IPC read with Section 5(m)/6 of The Protection of Children from Sexual Offences Act, 2012, by which the trial court has convicted the accused-appellant Rahul for life imprisonment under Section 376(2)(i) IPC and to pay a fine of Rs. 50,000/-, and in default of payment of fine two years additional imprisonment.
3. In brief, the prosecution case is that on 21.04.2018 at about 07:46 p.m., the complainant Raghvendra Singh filed a written complaint at PS Kotra, District Jalaun, stating that his son went to school at 7:00 a.m. after that Rahul, son of Ramphal Singh, had come to his house on the date of incident and told his wife that he is taking his daughter aged two years (hereinafter referred to as victim “X”) to the temple. Accused-appellant Rahul took his daughter to the tem
Retrospective application of amended laws increasing penalties violates constitutional protections; original sentence modified to align with laws in effect at the time of the offence.
An act, which is legal at the time of commission cannot be made illegal by way of introduction of new enactment.
Point of Law : Section 42 and Section 42A of POCSO Act, if accused is convicted under provisions of IPC as well under POCSO Act, higher punishment is required to be imposed.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
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 court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, despite procedural lapses in witness examination.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The prosecution must prove its case beyond a reasonable doubt, and inconsistencies in the survivor's testimony led to the acquittal of the accused.
The court affirmed that prior legal standards apply to convictions, emphasizing the necessity of valid evidence and proper assessment of child witnesses' competency in sexual assault cases.
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