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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Suresh Kumar @ Kana – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Pankaj Purohit, J.
This appeal is preferred by the appellant from Jail assailing the judgment and order dated 07/08.05.2019 passed by FTC/Additional District and Sessions Judge/Special Judge (POCSO), Haldwani, District Nainital in Special Sessions Trial No.29 of 2017, State vs. Suresh Kumar @ Kana, whereby the said court, after conclusion of the trial, convicted the appellant under Section 376 (2)(i) IPC and Section 5 (m)/6 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter to be referred to “the POCSO Act”), but in view of Section 42 of the POCSO Act, sentenced the appellant only under Section 376 (2)(i) IPC and directed him to undergo 12 years’ rigorous imprisonment with fine of Rs.50,000/- and in case of not making the payment of fine, he shall undergo additional simple imprisonment for a period of six months.
2. The prosecution story as unfolded during trial is that the informant gave a typed report (Ext.Ka-1) at Police Station Lalkuan to the effect that when on 17.04.2017 at about 1:00 p.m., she had gone along with her husband to search for a rented house; her daughter aged about 8 years and three children were there in the house. When at about
The central legal point established in the judgment is the interpretation and application of the definition of 'Aggravated Sexual Assault' under the POCSO Act, based on the evidence and legal provisi....
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
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 in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
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