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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
| Table of Content |
|---|
| 1. appeal introduction and context. (Para 1 , 2) |
| 2. factual account of the alleged crime. (Para 4 , 5 , 6) |
| 3. arguments from both parties. (Para 8 , 9) |
| 4. issues under consideration by the court. (Para 10 , 11) |
| 5. court's reasoning on the prosecution's burden. (Para 12 , 13) |
| 6. medical evidence in relation to the allegations. (Para 20 , 21) |
| 7. importance of age determination in the pocso act. (Para 36 , 37 , 41) |
| 8. conclusion on the defendant's guilt and sentencing. (Para 55 , 61 , 62) |
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 accordin
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 conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
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.
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