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Boire Thirupathi – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
This criminal appeal under Section 374(2) Cr.P.C., is directed against the judgment dated 12.10.2017 in S.C.No.16 of 2014, on the file of the Special Sessions Judge for trial of cases under the Protection of Children from Sexual Offences Act-cum-I-Additional Sessions Judge, Adilabad, whereby and whereunder the sole appellant-accused was convicted and sentenced to undergo rigorous imprisonment for the period of six months for the offence punishable under Section 417 IPC. The accused was further convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for a period of two months for the offence punishable under Section 420 IPC and further sentenced to under rigorous imprisonment for a period of ten years and to pay a fine of Rs.20,000/-, in default to suffer simple imprisonment for a period of six months for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’). Out of the total fine amount of Rs.21,000/-, the amount of Rs.16,000/- shall be paid to the victim girl (P.W.1) as compensation. All the sentenc
The court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
(1) In order to attract offence under POCSO Act prosecution has to establish that victim girl is a child as defined under Section 2(1)(d) of POCSO Act.(2) It is highly unsafe to convict a person only....
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 court affirmed that the testimony of a child victim, supported by medical evidence, is sufficient for conviction under the POCSO Act, even in the presence of a negative DNA report regarding pater....
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 victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
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