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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
Gurrala Prabhakar – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
K. LAKSHMAN, J.
1. Heard Mr. Naraparaju Avaneesh, learned counsel for appellant - accused and Dr. S. Prashanth, learned Assistant Public Prosecutor appearing on behalf of the respondent.
2. This appeal is filed challenging the judgment dated 09.01.2024 in S.C. No.542 of 2016 passed by learned Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal - Malkajgiri District at Kushaiguda.
3. Vide the aforesaid judgment, the trial Court convicted the appellant - accused for the offences under Sections - 448 and 506 of IPC and Section - 4 (2) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 (for short ‘POCSO Act, 2012’) and accordingly sentenced him to undergo life imprisonment and to pay a fine of Rs.5,000 (Rupees Five Thousand Only) and in default to undergo simple imprisonment for a period of two (02) months for the offence under Section - 4 (2) of POCSO Act, 2012. He was further sentenced to undergo six (06) months and to pay a fine of Rs.1,000/- (Rupees One Thousand Only) for the offence under Section - 448 of and in default, to undergo simple imprisonment for a period of one (01) month. He was also sentenced to und
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
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.
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
The sole testimony of a child victim can form the basis of conviction in sexual assault cases, provided the testimony is credible and consistent, irrespective of corroborative evidence.
The court upheld the conviction for abduction and rape based on testimonial and medical evidence, emphasizing the validity of medical age assessment in absence of primary documents.
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
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