NALIN @ NARENDRA S/O BHAGWAN NITNAWARE v. STATE OF MAH. THR. PS WADI NAGPUR

High Court of Bombay, Nagpur (Criminal)
2025:BHC-NAG:10621

Discusses the evaluation of victim testimony, corroborating evidence, and the impact of delay in reporting sexual offenses.

Legal Discussion:

  1. The Indian Penal Code, 1860: The judgment discusses Sections 376(2)(k), 376(2)(n), and 376(3) IPC, noting the appellant's conviction and the imposition of a 20-year rigorous imprisonment sentence for the offense under Section 376(3). It also mentions the appellant's conviction under Sections 323 and 324 IPC, detailing the sentences of simple imprisonment and fines imposed for each. The judgment refers to Section 506 IPC as invoked in the FIR. The court considered the maximum punishment prescribed under Sections 376(2)(k), 376(2)(n), and 376(3) IPC. The trial court held that the punishment as under section 376(3) of IPC is greater in degree.
  2. The Protection of Children from Sexual Offences Act, 2012 (POCSO Act): The judgment refers to Sections 4, 6, 8, and 12 of the POCSO Act as invoked in the FIR and the charges framed. It mentions Section 42 of the POCSO Act, which provides that where an offense is punishable under both the POCSO Act and the IPC, the accused shall be awarded the punishment which is greater in degree. The court found no sufficient evidence to establish the offence under Section 11 of the POCSO Act, as no specific act as defined under Section 7 of the Act was proved. The court acquitted accused Nos. 2 to 6 of the offence under Section 21 of the POCSO Act. The court relied on the presumption of commission of offence under Section 29 of the POCSO Act. The court also considered the minor age of the victim under Section 2(d) of the POCSO Act. The testimony of PW5 clearly establishes the age of the victim, thereby confirming she was a child as defined under the POCSO Act on the date of the offence.
  3. Code of Criminal Procedure: The judgment mentions Section 313-1(b) of the Code of Criminal Procedure, under which the accused was examined and denied all incriminating evidence. It also refers to Section 164 of the Code of Criminal Procedure, stating that the investigating officer made a correspondence for recording the statement of the victim under this section.

List of Laws: The Indian Penal Code, 1860; The Protection of Children from Sexual Offences Act, 2012 (POCSO Act); Code of Criminal Procedure

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