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NAVEEN SRIVASTAVA
Sheetal – Appellant
Versus
State Of U. P. – Respondent
ORDER :
(Naveen Srivastava, J.)
1. The present criminal appeal under Section 374 (2) of Cr.P.C. has been filed against the judgment and order dated 04.05.2016 passed by Special Judge (POCSO)/Additional Sessions Judge, Etawah in Sessions Trial/Special Case No. 26 of 2014 (State Vs. Sheetal) convicting the appellant Sheetal to ten year rigorous imprisonment under Section 376 (2) (Jha) I.P.C. with fine of Rs. 10,000/- Further, accused-appellant Sheetal has been convicted under Section 506 I.P.C. and sentenced to two years imprisonment. Accused-appellant also convicted under Section 4 POCSO Act and sentenced to seven years imprisonment with fine of Rs. 5,000/-.
2. In brief the prosecution case is as follows:-
On 25.06.2021, the victim/prosecutrix aged about 5 years, was playing outside of her house, at about 09:30 am accused induced her and committed rape on her in the field of Kushal Pal. The victim has reported the incident to one Man Singh. Man Singh and Robbin brought the victim to her house, where she narrated everything to her parents. Blood was also found on the underwear of the victim.
3. The matter was reported to the police and on the basis of written complaint of the informant
The main legal point established in the judgment is the principle that corroboration is not required for the testimony of the victim in case of rape if the evidence is of sterling quality. The judgme....
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
Conviction in sexual assault cases relies heavily on victim testimony, which can be accepted without corroboration if found credible; absence of physical evidence or major injury can lead to acquitta....
The conviction for rape was upheld based on the prosecutrix's credible testimony, while the conviction under the SC/ST Act was quashed due to lack of evidence regarding the accused's knowledge of the....
Penetration, even partial, constitutes rape under IPC and POCSO Act; the credibility of child witnesses must be carefully assessed.
A victim's testimony can be sufficient for conviction in sexual assault cases if it is credible, even if medical evidence is inconclusive.
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