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CHAKRADHARI SHARAN SINGH, KHATIM REZA
Lalan Sada – Appellant
Versus
State of Bihar – Respondent
Chakradhari Sharan Singh, J.—These appeals have been preferred under Section 374(2) of the Code of Criminal Procedure, 1973.
2. By the impugned judgment and order dated 22.01.2019/28.01.2019 passed by learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Saharsa in POCSO Case NO. 02/2016, the appellants have been convicted and sentenced as under :—
| Criminal Appeal (DB) No. 195 of 2019 | ||||
| Appellants’ Name | Conviction under Section | Sentence Imprisonment | Fine(Rs.) | In default of fine |
| Lalan Sada | 376-D of the IPC | R.I. for 20 years | 10,000/- | R.I. for 6 months |
| 366-A of the IPC | R.I. for 10 years | 10,000/- | R.I. for 6 months | |
| 6 of the POCSO Act | R.I. for 10 years | 10,000/- | R.I. for 6 months | |
| Criminal Appeal (DB) No. 255 of 2019 | ||||
| Indradev Rishidev | 376-D of the IPC | R.I. for 20 years | 10,000/- | R.I. for 6 months |
| 366-A of the IPC | R.I. for 10 years | 10,000/- | R.I. for 6 months | |
| 6 of the POCSO Act | R.I. for 10 years | 10,000/- | R.I. for 6 months | |
All the sentences have been directed to run concurrently.
3. We have hea
The main legal point established is the requirement for unblemished and fully trustworthy evidence to support a conviction based solely on the victim's testimony, and the need to establish primary fa....
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 central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
The prosecution must establish the victim's age as a minor to sustain charges under the POCSO Act and relevant sections of the IPC; inconsistencies in witness testimonies can lead to reasonable doubt....
The conviction under IPC and POCSO was quashed due to insufficient evidence and contradictions in the victim's testimony, highlighting the need for corroboration in sexual assault cases.
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....
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