
The conviction under the Protection of Children from Sexual Offences (POCSO) Act and Section 377 of the Indian Penal Code (IPC). The court partially allowed the appeal, modifying the conviction and sentence based on the evidence presented and the lack of sufficient proof for penetrative sexual assault.
The court analyzed whether the evidence supported the charge of penetrative sexual assault or merely an attempt. It found that while the incident occurred, the prosecution's evidence was insufficient to prove penetration, modifying the conviction to attempt under Section 377 IPC read with Section 511 and maintaining the conviction under Section 10 of the POCSO Act.
Background Facts:
Incident Details:
Investigation and Trial:
Appellant’s Defense:
Prosecution’s Argument:
The court held that while the victim’s testimony and evidence established that an incident of sexual assault occurred, the lack of medical evidence and clarity about penetration necessitated modifying the charge. The judgment emphasized that, under POCSO, an attempt or partial act without penetration should be categorized under aggravated sexual assault, attracting different penalties.
Criminal Appeal under POCSO Act and IPC.
Criminal Law, POCSO Act, IPC Section 377, Sexual Assault, Attempt to Commit Offense, Judicial Review, Appeal.
Case Title: Mahadeo @ Mahadya Uttam Gonde Versus The State of Maharashtra & Anr.
Citation: 2024 LawText (BOM) (9) 47
Case Number: CRIMINAL APPEAL NO. 258 OF 2022
Date of Decision: 2024-09-04