Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts, on an evening, the victim girl was left under the care of the appellant, a church pastor, by her mother. Upon the mother's return, the appellant
...fled, and the victim was found in a distressed state with her clothes disheveled. The next day, the victim, who has moderate intellectual disability and speech impairment, disclosed that the appellant had subjected her to aggravated penetrative sexual assault. A complaint was lodged after a delay, attributed to social implications and seeking assistance. The appellant appealed against his conviction by the Trial Court under the POCSO Act and Rights of Persons with Disabilities Act. The question arose whether the appellant committed the alleged offenses under the POCSO Act and RPwD Act, and if the prosecution's evidence, despite minor discrepancies, proved his guilt beyond reasonable doubt. Finally, the Court affirmed the conviction, finding the victim's consistent testimony, medical evidence indicating the hymen was not intact, and the victim's disability, coupled with the statutory presumption, established guilt. The Court deemed minor discrepancies and reporting delay immaterial due to the nature of sexual trauma and societal factors, thus dismissing the appeal.
Bench
Applied Acts & Sections
Section 5
–The Juvenile Justice (Care and Protection of Children) Act, 2015
Section 6
–The Juvenile Justice (Care and Protection of Children) Act, 2015
Section 29
–The Juvenile Justice (Care and Protection of Children) Act, 2015
Section 30
–The Juvenile Justice (Care and Protection of Children) Act, 2015
Legal Notes
Add a Note....