Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Chh) 9026

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Abc – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 1778 of 2023

Advocates:
For the Appellants/Petitioners: Rajkumar Pali
For the Respondents: Priyank Rathi

In sexual assault cases, the consistent, credible, and unshaken testimony of the prosecutrix is sufficient to sustain a conviction, even where medical or forensic evidence is not definitive or provides negative results for semen, as such evidence is only corroborative in nature.

Headnote:(A) Protection of Children from Sexual Offences Act, 2012 - Sections 4(2), 6 and 10 - Indian Penal Code - Sections 328, 354, 354A(1)(i) and 506 Part II - Sexual assault on minor daughter by father - Credibility of sole testimony - Medical and forensic evidence - Child victim’s testimony is consistent, credible and remains unshaken in cross-examination - Absense of definitive medical opinion for recent penetration or negative FSL report does not dilute prosecution case when primary assault is proved - (Paras 18, 48, 55, 56)

(B) Evidence - Age of victim - School records - Documentary evidence such as school admission/mutation register carries presumption of correctness unless rebutted - (Para 24)

(C) Appellate interference - Inherent powers of appellate court - Unless findings are perverse or contrary to settled principles, appellate court should not substitute its view - (Para 67)

Facts of the case:
The appellant, the father of the minor victim, was convicted for sexually assaulting his daughter on multiple occasions in 2019 and early 2020. The victim disclosed the incidents after suffering from depressive symptoms. The prosecution relied on the victim's testimony, medical reports showing signs of penetration, school records establishing her minority, and testimony from family members and clinical witnesses.

Findings of Court:
The Court held that the prosecution proved beyond reasonable doubt that the victim was a minor, that she was subjected to aggravated sexual assault and aggravated penetrative sexual assault by her father, and that she was intimidated. The conviction and sentence were upheld.

Issues: Whether the conviction based on the victim's sole testimony is sustainable and whether the minor status of the victim and the occurrence of the assault were proven.

Ratio Decidendi: In cases of sexual assault, the credible and consistent testimony of the prosecutrix is sufficient for conviction; medical evidence serves only as corroboration and its absence or non-definitive nature does not override the consistent ocular testimony of a victim.

Result: Appeal dismissed.

Table of Content
1. overview of charges, procedural history, and trial findings. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
2. arguments regarding contradictory evidence and family enmity. (Para 12 , 13 , 14 , 15)
3. determination of victim's age and admissibility of school records. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
4. evaluation of ocular testimony and evidence of sexual abuse. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39)
5. role and limitations of medical and forensic evidence in corroboration. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56)
6. final synthesis of evidence leading to conviction and dismissal of appeal. (Para 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70)

Judgment on Board

Per Ramesh Sinha, Chief Justice

10.04.2026

1. Heard Mr. Rajkumar Pali, learned counsel for the appellant. Also heard Mr. Priyank Rathi, learned Government Advocate for the respondent / State.

2. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 08.08.2023 passed by the learned Additional Sessions Trial II (POCSO) Fast Track Special Court, Raipur (C.G.) in Special Sessions Trial No.33/2020, by which the appellant herein has been convicted for the offences as under:

Conviction	Sentence
Under Section 354 of the IPC.	R.I. for 3 years and fine of Rs.500/-, in default of payment of fine amount, additional R.I. for 01 month.
Under Section 354A(1)(i) of the IPC	R.I. for 3 years and fine of Rs.500/-, in default of payment of fine amount, additional R.I. for 01 month.
Under Section 328 of the IPC	R.I. for 5 years and fine of Rs.500/-, in default of payment of fine amount, additional R.I. for 01 month.
Under Section 506 Part II of the IPC.	R.I. for 3 years and fine of Rs.500/-, in default of payment of fine amount, additional R.I. for 01 month.
Under Section 10 of the POCSO Act.	R.I. for 5 years and fine of Rs.500/-, in default of payment of fine amount, additional R.I. for 01 month.
Under Section 4(2) of the POCSO Act.	R.I. for 20 years and fine of Rs.3000/-, in default of payment of fine amount, additional R.I. for 01 month.
Under Section 6 of the POCSO Act.	R.I. for 20 years and fine of Rs3000/-, in default of payment of fine amount, additional R.I. for 01 month.
All the sentences were directed to run concurrently

3. The prosecution case, in brief, is that on 10.02.2020, a written report was lodged by the mother of the victim at Khamhardih Police Station alleging that in the month of November, 2019, when she was not present at home, the accused who is the father of the victim committed acts of molestation upon the victim. It was further alleged that the accused threatened the victim with dire consequences, including a threat to kill her maternal uncle, if she disclosed the incident to anyone. It is the further case of the prosecution that taking advantage of such intimidation and the silence of the victim, the accused, in the month of December, 2019, committed forcible sexual intercourse with the victim when she was alone at home. Thereafter, on multiple occasions, whenever the victim was alone, the accused repeatedly subjected her to sexual assault. Due to the continuous abuse, the victim went into a state of depression.

4. Subsequently, the victim was admitted for treatment at Dhanvantari Hospital, Kolar, where she disclosed the incidents to the treating doctor as well as to persons associated with the Child Helpline. On 12.01.2020, the matter was reported to the Child Helpline authorities, who then produced the victim before the Child Welfare Committee. Her statement was recorded and she was subjected to medical examination. The victim further disclosed that the last incident of sexual assault took place on 01.01.2020.

5. On the basis of the written report (Ex.P-05), a First Information Report (Ex.P-06) was registered against t

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2026 Supreme(Online)(Chh) 9026

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRamesh Sinha, CJ, Ravindra Kumar Agrawal, JAbc – AppellantVersusState Of Chhattisgarh – RespondentCRA No. 1778 of 2023

In sexual assault cases, the consistent, credible, and unshaken testimony of the prosecutrix is sufficient to sustain a conviction, even where medical or forensic evidence is not definitive or provides negative results for semen, as such evidence is only corroborative in nature.

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Abc – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 1778 of 2023