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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, HIRDESH
Pintu @ Prathviraj Koli – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
HIRDESH, J.
1. The present criminal appeal under Section 374 of CrPC has been filed by appellant challenging the judgment of conviction and order of sentence dated 16.01.2016 passed by Additional Sessions Judge, Karera, District Shivpuri (MP) in Special Sessions Trial No.24 of 2015, whereby the appellant has been convicted under Section 376 (2) of IPC and sentenced to undergo life imprisonment with fine of Rs.2000/- and in default of payment of fine to further undergo six months' additional imprisonment and under Section 6 of POCSO Act and sentenced to undergo life imprisonment with fine of Rs.2,000/- and in default of payment of fine to further undergo six months' additional imprisonment. Both the sentences have been directed to run concurrently.
2. In brief, the prosecution case is that on 08.03.2015, around 5:00 PM, complainant (PW-1), mother of minor proseuctrix, aged around 02 years, lodged a report at Police Station, Karera, District Shivpuri alleging therein that accused-appellant Prithviraj Kori, who lives near her hut and works as a Labourer, a day or two ago, came to her house. At that time, her daughter minor prosecutrix was weeping. It is alleged that accused-a
The court upheld the conviction under IPC and POCSO Act, emphasizing strong corroborative evidence and strict standards for sentencing in cases involving minors.
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
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 testimony of a child victim can be adequate to support a conviction if corroborated by consistent secondary evidence and medical findings.
The main legal point established in the judgment is that the trustworthy statement of the prosecutrix, supported by medical evidence, is sufficient for conviction in cases of sexual assault, and mino....
The main legal point established in the judgment is the significance of medical evidence in cases of sexual offences, especially those involving child victims. The judgment also emphasizes the need f....
Rape of minor girl – Delay in FIR - threats administered by the appellant of circulating the MMS and of defamation of the family, are all factors to be considered, for delay in lodging the FIR – Conv....
The prosecution's case can stand on the testimony of the victim alone, supported by corroboration, despite minor contradictions. Delays in reporting aren't fatal if reasonably explained.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
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