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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, RATNESH CHANDRA SINGH BISEN
Lale @ Lallu Ravat – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
RATNESH CHANDRA SINGH, J.
1. This criminal appeal under Section 374(2) of the Cr.P.C. is filed by the appellant being aggrieved of the judgment dated 12.02.2016 passed by the learned 1st Additional Sessions Judge, Sidhi, District Sidhi in S.T. No.60/2014, whereby the learned trial Court has convicted and sentenced the appellant in following terms as under:-
2. Learned counsel for the appellants submits that, as per the prosecution case, on 17.02.2014 at about 08:30 p.m., when the prosecutrix, aged about 8 years, was at home with her two nieces and her mother, brother, and sister-in- law had gone to attend a Barahon function at a relative’s house, the appellant/accused allegedly committed forcible sexual intercourse with her without her consent. It is further submitted that the appellant is innocent and has been falsely implicated due to a prior dispute between him and the mother of the prosecutrix. It is also contended that there are several contradictions, omissions, and improvements in the testimonies of the prosecution witnesses, and therefore no implicit reliance can be placed upon such evidence. Additionally, it is argued that the medical report does not support the ve
The consistent testimonies of the prosecutrix, medical evidence, and the heinous nature of the crime were crucial in upholding the conviction of the accused.
The court affirmed that a minor cannot consent to sexual acts and emphasized the importance of medical evidence and credible witness testimonies in rape cases.
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.
Burden of proof lies with prosecution to establish all aspects of an offense, particularly the minor status of the victim, which affects the conviction under sexual assault laws.
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