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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, BIBHU DATTA GURU
Vipin Kumar Jangde S/o Jagjeevan Jangde – Appellant
Versus
State Of Chhattisgarh Through-Station House Officer – Respondent
| Table of Content |
|---|
| 1. details of the incidents leading to the appeal including prosecution's claims. (Para 1 , 4 , 5) |
| 2. arguments of the appellants relating to inconsistencies in victim's testimony. (Para 8 , 9 , 30) |
| 3. court assessed testimonies and medical evidence establishing the occurrence of the crime. (Para 20 , 24 , 25 , 34) |
| 4. final assessment confirming that the conviction was justified and evidence was sufficient. (Para 26 , 46) |
| 5. final ruling upholding the conviction. (Para 47) |
JUDGMENT :
Ramesh Sinha, CJ.
1. This appeal arises out of the judgment of conviction and order of sentence dated 19.02.2021 passed by the Special Judge (POCSO Act), Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 140/2017, whereby the appellants have been convicted as under:-
| Conviction under Section | Sentence (Rigorous imprisonment) | Fine | In default of payment of fine add. imprisonment |
| Section 376D of the IPC | 20 years | Rs. 10,000/- | 06 months |
| Section 323 , 34 of the IPC | 1 year | Rs.1,000/- | 01 month |
| Section 506(b) of the IPC | 2 year | Rs. 1,000/- | 01 month |
| All sentences have been directed to run concurrently. | |||
2. The prosecution story, in brief, is that the victim lives with her family in village x and studies in class VIII
The victim's testimony in sexual assault cases should be weighed on reliability rather than strict corroboration, reflecting the trauma and context of the crime.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
The main legal point established is that the testimony of the victim/prosecutrix can be the sole basis for conviction in cases of sexual assault, without the need for corroboration, if found trustwor....
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
The testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
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.
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