Abhishek Mohammad @ Shekhu V/s State of H.P.

Abhishek Mohammad @ Shekhu V/s State of H.P.

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Indian Penal Code, 1860 Sections377&506 read with Section6 of Protection of Children from Sexual Offences Act, 2012Unnatural sexual assault (sodomy)

Lack of medical corroboration for sodomy–Determination on Medical and Scientific Evidence–Accused committed unnatural sexual assault (sodomy) on a 10-year-old child in a forested area after luring him with mangoes–Victim categorical said that the accused had committed sodomy–Conviction–Appeal–Held–That, there was no evidence of penetrative sexual assault in the anus of the child based on clinical examination and FSL reportIn the absence of medical or scientific evidence, a conviction under Section 377 IPC cannot be sustainedThus, the learned Trial Court erred in 

finding that the accused had manipulated the private parts of the victim–Conviction set aside–Appeal allowed. (Paras 14,19&20)

Published on
31 January 2025
Last Updated Date
09-05-2025
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