HC dismisses appeal in rape case, cites victim’s trauma

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nt

NT Reporter

Panaji

The High Court of Bombay at Goa on Monday
dismissed an appeal filed by an accused in a sexual assault case, upholding his conviction.

The court said that the Sessions Judge, while granting compensation, had recorded that in her written response, the victim stated that due to the sexual assault by the appellant, she suffered physical and mental illness and could not continue her schooling, sports activities, and lost educational opportunities due to trauma and social stigma.

The appellant had challenged the judgment of the Special Court (POCSO), Panaji, which convicted him under Section 376 of the IPC and Section 4 of the POCSO Act, 2012.

The sentence under Section 376 of the IPC is 10 years of rigorous imprisonment with a fine of Rs 50,000, in default three months’ rigorous imprisonment. The sentence under Section 4 of the POCSO Act is also 10 years of rigorous imprisonment with a fine of Rs 50,000, in default three months’ rigorous imprisonment. Both sentences are to run concurrently.

In 2017, the victim’s mother had lodged a written complaint with the Margao Town Police
Station.

The High Court said that in light of the facts and discussion, the impugned judgment and order of the Special Court does not warrant any interference.

 

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