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K. LAKSHMAN, P. SREE SUDHA
Lyadella Sanjeev @ Venkatesh – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
K. LAKSHMAN, J.
1. Heard Mr. A. Prabhakar Rao, learned counsel for appellants-accused Nos. 1 and 2 and Mr. Muthyala Muralidhar, learned Additional Public Prosecutor appearing on behalf of the respondent.
2. This appeal is filed challenging the judgment dated 28.03.2014 in Special S.C. No. 3 of 2013 passed by learned Special Judge for Trial of Cases under Protection of Children from Sexual Offences Act-cum-I Additional Sessions Judge, Warangal (for short ‘trial Court’).
3. The appellants herein are arraigned accused Nos. 1 and 2 in the aforesaid Special S.C. No. 3 of 2013, respectively. Therefore, for the sake of convenience, the parties will be hereinafter referred to as they were arraigned in Special S.C. No. 3 of 2013.
4. Vide the aforesaid judgment, learned Sessions Judge convicted the appellants-accused Nos. 1 and 2 for the offences punishable under Sections - 366, 376D and 506 read with 34 of IPC [Criminal Law (Amendment) Act, 2013] and Section - 5 (g) read with 6 of the Protection of Children from Sexual Offences Act, 2012 and accordingly imposed life imprisonment on them and other punishments mentioned therein.
5. The case of the prosecution is as follows:
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
Testimony of a child victim, if found consistent and credible, outweighs contradictory medical evidence even in the absence of physical injury. A reasonable explanation for the delay in filing a comp....
The victim's testimony, even without corroboration, can be sufficient for conviction in cases of sexual assault, and the presumption of guilt under the POCSO Act can be applied.
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
The testimony of a victim in a rape case can be sufficient for conviction, and delays in reporting do not automatically undermine credibility, particularly in cases involving minors.
The victim's consistent statement, medical evidence, and corroborating witness testimonies are crucial in establishing the occurrence of the crime and the victim's age, even in the absence of eyewitn....
Conviction in cases of minor sexual assault can rest solely on the victim's credible testimony without corroboration.
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