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CHAKRADHARI SHARAN SINGH, KHATIM REZA
Akhilesh Kumar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT (ORAL)
Chakradhari Sharan Singh, J.—As both these appeals arise out of the same judgment and order of the trial court which are impugned, they have been heard together and are being disposed of by the present common judgment and order.
2. By the impugned judgment and order dated 29.04.2019/ 30.04.2019 passed by the learned Additional Sessions Judge-I-cum- Special Judge, Saharsa in POCSO 12 of 2018, corresponding to Mahila P.S. Case No. 11 of 2018, the appellants have been convicted and sentenced as under:—
| Criminal Appeal DB No. 813 of 2019 | ||||
| Akhilesh Akhilesh | Conviction under Section | Sentence Imprisonment | Fine (Rs.) | In default of fine |
|
| 323 of the IPC | RI for one year | 1,000/- | RI for one month |
|
| 504 of the IPC | RI for two years | 2,000/- | RI for 2 months |
|
| 506 of the IPC | RI for three years | 2,000/- | RI for 3 months |
|
| 376(D) of the IPC | RI for 20 years | 20,000/- | RI for 20 months |
|
| 448 of the IPC | RI for one year | 1,000/- | RI for one month |
|
| 6 of the POCSO Act | RI for ten years | 10,000/- | RI for 10 months |
| Nitish Nitish | Conviction u | |||
Sexual assault on minor girl – There is absolutely no evidence to indicate that appellants had committed such assault – Appellants acquitted.
The main legal point established in the judgment is the requirement for the prosecution to provide conclusive evidence and corroborative evidence to establish the guilt of the accused beyond all reas....
The statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
Penetrative sexual assault on girl – Age of victim is a crucial factor in POCSO cases.
The main legal point established in the judgment is the requirement for conclusive evidence to establish criminal charges, and the importance of supporting evidence in criminal trials.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution must establish guilt beyond a reasonable doubt, with sufficient and credible evidence; failure to do so invalidates a conviction.
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