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ROHIT ARYA, SATYENDRA KUMAR SINGH
Ramratan Goswami – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
Singh, J:- 1. The appellant has preferred this appeal under section 374 (2) of Cr.P.C. being aggrieved by the judgment dated 9.3.2015, passed by the Court of 5th Additional Sessions Judge, Gwalior, District Gwalior in Sessions Trial No.443/2014, whereby the appellant has been convicted for the offences punishable under section 5 r/w 6 of POCSO Act, 2012 and under section 376(2)(i) of IPC and in view of the provisions of section 42 of the POCSO Act, 2012, sentenced him under section 376(2)(i) of IPC as under:
| Conviction | Sentence |
|
|
| Section Act | Imprisonment | Fine | Imprisonment in lieu of fine |
| 376(2)(i) IPC | Life Imprisonment | 2,000/- | -- |
2. The prosecution case in brief is that the complainant and appellant both are resident of Indra Colony, Gwalior and are neighbours. On 3.5.2014 at about 11:30 hours, when complainant's minor daughter prosecutrix, aged about 5 years, was playing with her friends Nisha and Akash in front of her house, appellant on the pretext of giving Chocolate, called her in his room, put off her clothes as well as his own cloth
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, the importance of witness credibility, and the benefit of inconsi....
The testimony of a credible, minor victim of sexual assault, when corroborated by immediate disclosure to parents, is sufficient for conviction under the POCSO Act and IPC, even in the absence of ind....
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
A judgment must explicitly formulate points for determination and provide a reasoned analysis of all evidence, including defense testimony. Failure to address the defense case, provide a logical narr....
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.
Rape of girl child – It is very unlikely that a small girl of five years would have any grudge against Accused, or would concoct a false story of this nature.
Prosecution must prove its case beyond a reasonable doubt; inconsistencies in victim's testimony and lack of corroboration led to acquittal.
Discrepancies in a child victim's testimony regarding timing and age due to significant time lapses are natural and do not negate consistency on material facts. Once foundational facts are establishe....
The judgment emphasizes the requirement to prove sexual harassment and the punishment for sexual harassment under Section 12 of the POCSO Act.
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