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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
MANINDER S. BHATTI
Sonu @ Sameer Khan, S/o. Shri Sayeed Khan – Appellant
Versus
State Of Madhya Pradesh, Thr. P.S. Kotwali P.S. Kotwali, Distt. Narmadapuram (M.P.) (Madhya Pradesh) – Respondent
| Table of Content |
|---|
| 1. appellant's conviction and details of the case. (Para 1 , 8) |
| 2. defense arguments against conviction. (Para 2 , 3 , 4 , 5) |
| 3. court’s review of evidence and witness testimonies. (Para 9 , 10 , 11 , 12) |
| 4. definition and interpretation of sexual assault under pocso. (Para 13 , 14 , 15 , 16) |
| 5. failure of prosecution to prove sexual intent. (Para 18 , 21 , 22) |
| 6. judgment's conclusion and acquittal of the appellant. (Para 23 , 24) |
ORDER :
MANINDER S. BHATTI, J.
This appeal has been filed by the appellant under Section 374(2) of the Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated 14.01.2023 passed by the Special Judge, POCSO Act, District Narmadapuram, whereby the appellant has been convicted under Section 9 (m)/10 of the POCSO Act and sentenced to undergo R.I. for 05 years with fine of Rs.2000/-, with default stipulations.
2. Learned counsel for the appellant contends that in the present case the trial Court without even appreciating the scope and ambit of statutory provisions has convicted the appellant. It is contended by the counsel that as per prosecution, when the prosecutrix was there at the place of incident the present appellant came i
Conviction under POCSO Act requires proof of sexual intent, which was not established, leading to appellant's acquittal.
The interpretation of sexual intent under the POCSO Act, emphasizing that any act involving physical contact with sexual intent, even without skin-to-skin contact, constitutes sexual assault.
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
The prosecution must establish both the victim's age and the accused's specific intent for conviction under the POCSO Act, with intoxication acting as a potential defense only if it incapacitates the....
The prosecution failed to establish credible evidence to support charges of stalking and harassment against the respondent, leading to the upheld acquittal.
The consistent testimonies of the victim and corroborating witnesses established the appellant's guilt under the POCSO Act, affirming the conviction despite the appellant's claims of inconsistencies.
The central legal point established in the judgment is the interpretation of 'sexual intent' in the context of physical contact without penetration under Section 7 of the POCSO Act.
The central legal point established in the judgment is the interpretation of 'sexual intent' in the context of physical contact without penetration under Section 7 of the POCSO Act.
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