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SATYENDRA KUMAR SINGH
SATYADEV S/o RAMPRATAP YADAV – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT : – The appellant has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) (in short “Cr.P.C.”) against the judgment dated 29-11-2016 passed by the Court of 10th Additional Sessions Judge, Indore (M. P.) in S.T. No. 263/2015, whereby the appellant has been convicted for the offences punishable under sections 7/8 and 11/12 of (Protection of Children from Sexual Offences Act, 2012 Act (in short “POCSO Act 2012”) and sections 452, 354, and 354-A(1)(i), (ii) of the Indian Penal Code, 1860 (in short “IPC”) and sentenced to undergo RI for 03 years with fine of Rs. 10,000/-, RI for 06 months with fine of Rs. 500/-, RI for 01 year with fine of Rs. 500/-, RI for 01 year with fine of Rs. 500/- and further R.I. For 03 months with fine of 500/- with default stipulation.
2. Prosecution story, in brief is that :
(i) Complainant and appellant both were neighbours and family friends. On 16-7-2014, at about 6:30 to 7:00 p.m. when, complainant and his wife had gone outside for purchasing grocery and his minor daughter prosecutrix aged about 16 years was all alone at home, appellant came there asking about her father. He caught hold of her hand sayin
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....
Conviction under IPC and POCSO Act upheld despite defense claims of contradictions; testimonies of victim and witnesses found credible.
Prosecution must prove its case beyond a reasonable doubt; inconsistencies in victim's testimony and lack of corroboration led to acquittal.
The credibility of witness testimony and the burden of proof on the accused under Section 29 of the POCSO Act were central to the Court's decision.
The trustworthy and reliable evidence of the prosecutrix, corroborated by medical evidence, can be the basis of conviction in cases of sexual ofences against children.
The credibility of a victim's testimony, the nature of the offense under POCSO Act, and the lack of injury in a medical examination do not necessarily affect the establishment of guilt.
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