Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Protection of Children from Sexual Offences Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Protection of Children from Sexual Offences Act, 2012 –ss. 7 and 8 – Protection of Children from Sexual Offences Rules,2012 – r.7(2) – Appellant- accused was tried for the offencespunishable u/s. 7 r/w. s. 8 of the POCSO Act – Relying upon thedeposition of PW-3 victim, aged 13 years the accused wasconvicted for the offence u/s. 7 of the POCSO Act and sentencedto undergo 3 years rigorous imprisonment u/s. 8 of the Act – Theaccused was also ordered to pay rupees one lakh to the victim girl,by way of compensation u/r. 7(2) of the Rules, 2012 – Before theHigh Court, it was noted that there was no representation on behalfof the appellant, therefore, a legal aid counsel was appointed –The legal aid counsel pleaded the inability of the accused personto pay the order of compensation and requested to set aside theorder of compensation – The High Court modified the judgmentand order passed by the trial Court with respect to compensationto the effect that compensation amount shall be paid by the Stateto the victim girl and thereafter if the State finds that the accusedhas got sufficient means, the same can be recovered from theaccused under the Revenue Recovery Act – Before the SupremeCourt, the appellant-accused contended that the trial Court hascommitted a grave error in convicting the accused, relying uponthe sole testimony of PW-3-victim – It was also emphasised that theappeal was disposed of within the four days from the date ofproviding legal assistance to the accused and it was very short timefor the legal aid counsel to receive the papers from the Registryand inspect original documents – Held: It is required to be notedthat there is nothing on record that the legal aid counsel was nothaving any papers – On persual of the entire judgment of the trialCourt, the PW-3-victim has fully supported the case of theprosecution – She has narrated in detail how the incident had takenplace and she has been thoroughly cross-examined – Her testimonyis reliable and trustworthy – The sole testimony of the PW-3 isunblemished and evidence is of sterling quality – The trial Courthas not committed any error in convicting the accused, relying uponthe sole deposition of PW-3-victim – The High Court has rightlyconvicted the accused for offence u/s. 7 of the POCSO Act andrightly sentenced u/s.8 of the POCSO Act. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 596 |
Petitioner | Ganesan |
Respondent | State Represented By Its Inspector Of Police |
SCR | [2020] 8 S.C.R. 768 |
Judgement Date | 2020-10-14 |
Case Number | 680 |
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