Case Note & Summary
The High Court dismissed criminal appeal challenging conviction for sexual assault on minor -- Appellant was convicted by trial court under Section 376(2)(f)(i) of Indian Penal Code, 1860 and Sections 5(i), 5(m), 5(p) punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012 -- Victim was five years eleven months old at time of incident -- Prosecution proved victim's age through birth certificate -- Victim testified that appellant inserted finger in her vagina while she was playing at his house -- Medical evidence confirmed sexual assault -- Victim's demeanor during testimony showed fear and trauma -- Court found victim's testimony credible and consistent with medical evidence -- No grounds for interference with trial court judgment -- Conviction and sentence of life imprisonment with fine upheld
Headnote
The High Court dismissed criminal appeal challenging conviction under Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Indian Penal Code, 1860 (IPC) -- Appellant convicted for offences under Section 376(2)(f)(i) of IPC and Sections 5(i), 5(m), 5(p) punishable under Section 6 of POCSO Act -- Victim was five years eleven months old at time of incident -- Prosecution proved age through birth certificate -- Victim's testimony specifically attributed overt act to appellant -- Medical evidence corroborated sexual assault -- Victim's demeanor during testimony showed trauma -- Court found victim's testimony credible and consistent -- No interference warranted with trial court judgment -- Appeal dismissed -- Life imprisonment and fine upheld
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Issue of Consideration: Whether prosecution proved that accused committed penetrative sexual assault on six-year-old victim under Section 5(i)(m)&(p) punishable by Section 6 of POCSO Act and Section 376(2)(f)(i) of IPC, Whether interference was called for in the impugned judgment
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Final Decision
Appeal dismissed -- Conviction and sentence upheld -- Appellant to undergo life imprisonment and pay fine of Rs.2,00,000 to victim
