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PANKAJ PUROHIT
Nakli – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
This appeal is preferred by the appellant from Jail assailing the judgment and order dated 23/25.01.2019 passed by learned FTC/Additional Sessions Judge/Special Judge POCSO, Haridwar in Special Sessions Trial No.130 of 2017, whereby the learned trial court vide the impugned judgment and order has convicted and sentenced the accused–appellant as under:-
| S. No | Conviction | Sentence | Fine | Sentence in-default of fine |
| 1. | 376(2)(i) IPC | Ten years Rigorous Imprisonment | Rs.20,000/- | One month additional imprisonment |
| 2. | 5(m)/6 of Protection of Children from Sexual Offences Act, 2012 | Ten years Rigorous imprisonment. | Rs.20,000/-
| One month additional imprisonment |
| 3. | 506 IPC | One year Rigorous Imprisonment | Rs.5,000/- | 15 days’ additional imprisonment |
All the aforesaid sentences were directed to run concurrently and the period already spent in jail by the appellant was directed to be set off with the imprisonment so awarded. The learned Additional Sessions Judge awarded Rs.30,000/- as compensation to the victim.
2. The case of the
The court emphasized the importance of the victim's statement, age determination, and medical evidence in cases of sexual assault involving minors.
The court affirmed that the testimony of a victim in sexual assault cases is vital and can be sufficient for conviction, provided it inspires confidence.
Courts may determine a minor child's age through consistent witness testimony and direct judicial observation in the absence of conclusive documentary records, and appellate courts will not interfere....
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
The main legal point established in the judgment is the reliance on the sole testimony of the victim in cases of sexual assault, emphasizing the credibility and trustworthiness of the victim's testim....
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