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PREM NARAYAN SINGH
Harish @ Hemraj – Appellant
Versus
State of M. P. – Respondent
| Table of Content |
|---|
| 1. background of the criminal case and charges. (Para 1 , 2 , 3 , 4) |
| 2. appellant's arguments against conviction. (Para 6 , 7) |
| 3. determining the age of the prosecutrix. (Para 8 , 9 , 10 , 12) |
| 4. credibility and reliability of witness testimonies. (Para 13 , 14 , 15 , 16) |
| 5. prosecution's burden to demonstrate intent. (Para 18 , 19 , 20) |
| 6. affirmation of trial court's conviction and sentencing. (Para 21 , 22) |
| 7. conclusion of the judgment and dismissal of appeal. (Para 23 , 24) |
JUDGMENT
1. This criminal appeal is preferred under section 374 of Cr.P.C. by the appellant being aggrieved by the judgment dated 23.11.2024, passed by Special Judge (POCSO Act)/ 6th ASJ, Ujjain, District Ujjain, in S.T. No.455/2018, whereby the appellant has been convicted for the offence punishable under section 354 of IPC, 1860 and section 9(m)/10 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo 1 years and 05 years R.I with fine of Rs.500/- under each sections and usual default stipulation.
2. As per the prosecution story, the complainant alongwith her son lodged an FIR at police station Chimanganj Mandi by submitting that on 21.1.2018 at about 09:45 PM, she has s
Conviction under IPC and POCSO Act upheld despite defense claims of contradictions; testimonies of victim and witnesses found credible.
Attempt to outrage modesty of girl child – Sexual intention of accused is discernible from act of accused.
The court established that in cases involving minors, the presumption of sexual intent is critical, and school records are admissible for age determination.
Rule 12 is strictly applicable only to determine age of a child in conflict with law.
The court upheld the conviction of the appellants for sexual offences against a minor, emphasizing the credibility of the victim's testimony and corroborative evidence.
The prosecution must provide conclusive evidence of a victim's age in POCSO cases; reliance on school records alone is insufficient without corroborative proof.
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
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