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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA, ALOK AWASTHI
Shiva – Appellant
Versus
State Of Madhya Pradesh – Respondent
Judgment :
Alok Awasthi, J.
Today this appeal was listed for consideration of I.A. No.14272/2025, which is a repeat (second) application under Section 430 of the Bhartiya Nagarik Suraksha Sanhita for suspension of jail sentence and grant of bail, however, this appeal is finally heard on the quantum of punishment.
02. The present Criminal Appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and sentence dated 11.07.2013 passed by the VIIth Additional Sessions Judge, Indore in Session Trial No.44/2013, whereby the appellant has been convicted for commission of offences punishable under Sections 363 & 366 of the Indian Penal Code and sentenced to undergo 05 years rigorous imprisonment along with fine of Rs.1,000/- and 07 years' rigorous imprisonment along with fine of Rs.2,000/- respectively. The appellant has also been convicted under Section 376(2)(i)(m) of the IPC, Section 3/4, 5(i) (m)/6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo Life Imprisonment for remainder of the life along with fine of Rs.5,000/-. With default clause to further undergo 02 months', 06 months' & 01
The court upheld the conviction for rape under IPC and POCSO Act, emphasizing the credibility of the victim's testimony and the need for sensitivity in child sexual assault cases.
In sexual offences against minors, the victim's credible testimony can suffice for conviction, especially when corroborated by medical evidence, thus establishing statutory presumption of guilt.
Retrospective application of amended laws increasing penalties violates constitutional protections; original sentence modified to align with laws in effect at the time of the offence.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
An act, which is legal at the time of commission cannot be made illegal by way of introduction of new enactment.
The court upheld the conviction for aggravated penetrative sexual assault on a minor, modifying the death sentence to life imprisonment without remission, emphasizing the heinous nature of the crime.
The judgment reinforces the evidentiary standards in sexual assault cases under the POCSO Act, particularly the weight of victim testimony and the statutory presumption of guilt.
The court clarified that in cases of child sexual abuse, the definitions under the PoCSO Act take precedence, and dual sentencing under IPC and PoCSO Act is not permissible when one provides a greate....
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