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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, JAI KRISHNA UPADHYAY
Kiranpal Alias Kiran – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background and procedural history of the conviction. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 2. summary of rival contentions regarding evidence reliability. (Para 21 , 22) |
| 3. sole testimony of sexual assault victim is sufficient for conviction if reliable. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 4. application of evidentiary standards to confirm the appellant's guilt. (Para 32 , 33 , 34 , 35 , 36 , 37) |
| 5. formal dismissal of criminal appeal and sentencing affirmation. (Para 38 , 39) |
JUDGMENT :
JAI KRISHNA UPADHYAY, J.
1. This criminal appeal has been preferred by the accused appellant against the judgment and order dated 24.8.2018 passed by the Additional District & Sessions Judge-VIII/, Special Judge (POCSO Act), Muzaffarnagar in Special Session Trial No. 151 of 2015 (State vs. Kiranpal @ Kiran), arising out of Case Crime No. 660 of 2014, Police Station Nai Mandi, District Muzaffarnagar, convicting the appellant for the offences punishable under Sections 376, 323 of IPC and 5/6 POCSO Act and sentencing him to undergo rigorous imprisonment of life and a fine of Rs. 25,000/- under Section 6 POCSO
The consent of a minor girl in case of sexual intercourse is immaterial and amounts to rape.
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.
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 court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The testimony of a victim in a rape case can be sufficient for conviction, and delays in reporting do not automatically undermine credibility, particularly in cases involving minors.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
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