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ASHWANI KUMAR MISHRA, SYED AFTAB HUSAIN RIZVI
Anmol – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Syed Aftab Husain Rizvi, J.
This criminal appeal has been filed against judgment and order dated 14.9.2017, passed by Special Judge (POCSO Act)/Additional Session Judge, Court No. 6, Shahjahanpur, in Special Case No. 24 of 2015 (State v. Anmol and another) arising out of Case Crime No. 4 of 2015 under Sections 376(d) I.P.C. and 5(Chha)/6 of The Protection of Children From Sexual Offences Act, Police Station Garhiya Rangeen, District Shahjahanpur. The appellants have been convicted for the offences under Sections 376(d) I.P.C. and 5(Chha)/6 of The Protection of Children From Sexual Offences Act and sentenced to undergo life imprisonment for the offence under Section 376(d) I.P.C alongwith a fine of Rs.75,000/- each and in default of payment of fine, to undergo two months additional simple imprisonment and undergo imprisonment for fifteen years each, for the offence under Section under 5(Chha)/6 of The Protection of Children From Sexual Offences Act alongwith a fine of Rs.25,000/- each and in default of payment of fine, to undergo one month's additional simple imprisonment. All the sentences were directed to run concurrently.
2. Case Crime No. 04 of 2015 under Sections 376(d)
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
The reliability of the victim's testimony and medical evidence in cases of sexual offences, and the reasonableness of delay in filing the FIR due to the sensitive nature of such offences.
The testimony of a rape victim is credible and should be given significant weight, with minor discrepancies not undermining its reliability.
The conviction under Section 376 IPC emphasizes that a victim's sole testimony, despite minor discrepancies, is substantial and should not be discarded easily, affirming the need for sensitivity in a....
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The victim's testimony alone can suffice for conviction in rape cases, as corroboration is not mandatory if the testimony is credible.
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
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