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GAUTAM CHOWDHARY, ASHWANI KUMAR MISHRA
Babu Ram – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Ashwani Kumar Mishra, J.)
1. This criminal appeal is directed against the judgment and order dated 24.2.2018, passed by the learned Additional Sessions Judge/Court No.1, Pilibhit in Sessions Trial No.8 of 2015, arising out of Case Crime No.622 of 2015, under Sections 376(2)(f), 376(2)(n) IPC and 5/6 POCSO Act, Police Station Newriya, District Pilibhit; whereby the appellant Babu Ram has been convicted and sentenced to life imprisonment under Section 5/6 POCSO Act alongwith fine of Rs.10,000/-; sentenced to ten years rigorous imprisonment under Section 376(2)(f) IPC alongwith fine of Rs.10,000/-; sentenced to ten years rigorous imprisonment under Section 376(2)(n) IPC alongwith fine of Rs.10,000/-. In default of payment of fine to undergo one year additional imprisonment in all above sections. All the sentences are directed to run concurrently.
2. In the present case the first informant is the step-brother of victim, namely Sandeep (PW-2). He intimated the Incharge of Police Station Neoria, District Pilibhit that his father died several years ago. After death of his father his mother Smt. Somwati started living with the accused appellant Babu Ram and out of their union a d
The court ruled that the victim's testimony, while significant, required corroboration due to doubts about its reliability, leading to the appellant's acquittal.
The prosecution must provide credible evidence beyond reasonable doubt in sexual assault cases; inconsistencies in witness testimony and absence of corroborative evidence can lead to acquittal.
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 court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
The main legal point established is the reliance on consistent testimonies, medical and forensic evidence, and the presumption under Section 29 of POCSO Act to establish guilt beyond reasonable doubt....
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
A conviction for sexual assault requires consistent, corroborated testimony from the victim and relevant evidence, especially when minors are involved, highlighting the importance of protecting vulne....
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