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CHAKRADHARI SHARAN SINGH, SMT. G. ANUPAMA CHAKRAVARTHY
Dilip Rai – Appellant
Versus
State of Bihar – Respondent
JUDGMENT (CAV)
Smt. G. Anupama Chakravarthy, J.—Both the above stated criminal appeals have arisen out of common judgment dated 07.12.2021 and sentence order dated 14.12.2021 passed by learned Additional Sessions Judge VI-cum-Exclusive Special Judge (POCSO), Saran at Chapra. In all, two accused were prosecuted for the commission of alleged offences under Section 6 of the POCSO Act and section 323/34, 341/34 and 376(D) of the Indian Penal Code for wrongfully restraining the prosecutrix and then committing rape on her. The trial court after appreciation of the evidence on record found both the accused guilty for commission of the above-said offences and convicted them as under:—
| Cr. Appeal (DB) No. 96 of 2022 | ||||
| Convicted under Section | Sentence | |||
|
|
| Imprisonment | Fine (Rs.) | In default of fine |
| Dilip Rai and Vinay Rai | U/s 6 of the POCSO Act Section 323/34 IPC Section 342/34 IPC | RI for 25 years RI for 06 months RI for 06 months | 1,00,000/- | SI for one year |
All the sentences shall run concurrently.
2. Being aggrieved by the judgment and order of conviction recorded by the Additional Sessions Judge VI-cum-Exclusive Special Judge (POCSO), Saran at Chapra
Gang rape of minor girl – In ord1er to prove offence under Section 376 of IPC and Section 6 of POCSO Act, medical evidence plays crucial and important role.
The court upheld the conviction of the appellants for sexual offences against a minor, emphasizing the credibility of the victim's testimony and corroborative evidence.
The court ruled that without credible evidence or reliable testimony, suspicion alone cannot support a conviction under the POCSO Act.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The presumption of guilt in sexual offences under POCSO relies on proven foundational facts; mere suspicion is insufficient for conviction.
Conviction in sexual assault cases relies heavily on victim testimony, which can be accepted without corroboration if found credible; absence of physical evidence or major injury can lead to acquitta....
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