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SUJOY PAUL, ACHAL KUMAR PALIWAL
Ajay – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Paul, J:- 1. This Criminal Appeal filed under section 374(2) of Criminal Procedure Code (Cr.P.C.) assails the judgment dated 21.10.2021 passed in Special Case No.100050/2016 by learned IIIrd Additional Sessions Judge/Special Judge (Protection of Children from Sexual Offences Act) Harda, District Harda, M.P. whereby appellant was held guilty for committing certain offences and directed to undergo the sentence which are mentioned herein-below in a tabular form:-
| Convicted under Section | Sentenced to undergo |
| 376 (2)(i) of IPC | R.I. for 10 years with fine of Rs. 500/- and in default to suffer additional R.I. for 01 month. |
| 376 (2)(n) of IPC | R.I. for 10 years with fine of Rs. 500/- and in default to suffer additional R.I. for 01 month. |
| 376 (2)(g) of IPC | R.I. for 20 years with fine of Rs. 500/- and in default to suffer additional R.I. for 01 month. |
| 506 Part-II of IPC | R.I. for 7 years with fine of Rs. 500/- and in default to suffer additional R.I. for 01 month. |
| 3/4 of the Protection of Children from Sexual offences Act 2012 |
The main legal point established in the judgment is the admissibility of the victim's testimony without corroboration, the significance of a 'sterling witness', and the reliance on consistent testimo....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The court upheld the conviction for attempted rape based on the victim's testimony, corroborated by a witness and medical evidence, despite challenges regarding contradictions and lack of penetration....
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