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SHAILENDRA SINGH
Mohan Prasad – Appellant
Versus
State of Bihar – Respondent
Shailendra Singh, J. – Mr. Bimlesh Kumar Pandey, learned counsel for the appellants and Mr. Sadanand Paswan, learned APP for the State are present and they are heard.
2. No one appears on behalf of the respondent No.2 despite notice having been served upon the close relative of the said respondent No.2.
3. This appeal has been preferred against the judgment of conviction and order of sentence dated 15.11.2021 and 01.12.2021 respectively passed by learned Additional District and Sessions Judge 1st-cum-Special Judge (SC/ST), Bettiah, West Champaran in Session Trial Case No.654 of 2016 (arising out of Bettiah (Muffasil) P.S. Case No. 559 of 2015) whereby and where-under the appellants have been held guilty and convicted for the offences punishable under Sections 323, 341, 325, 504 and 506 of the Indian Penal Code, (in short IPC) and under Section 3(1)(x) of SC/ST (POA) Act and the appellants have been sentenced to undergo simple imprisonment for six months and to pay fine of Rs.500/- under Section 323 of IPC and in default of making payment the appellants will be liable for simple imprisonment for one month, and under Section 341 of IPC they have been sentenced to pay fine of Rs.500/- a
The court found that the prosecution failed to prove the allegations of caste-based abuse due to unreliable witness testimonies and significant delays in reporting the incident.
The prosecution must prove the guilt of the accused beyond all reasonable doubts, and inconsistencies and omissions in the evidence can lead to the setting aside of a judgment.
Credibility of witness testimony and the need for corroborative evidence are essential in sexual assault cases; mere hearsay and inconsistencies cannot support a conviction.
The court ruled that the prosecution failed to meet its burden of proof due to significant evidential inconsistencies and procedural errors, leading to the acquittal of the accused-appellants.
The prosecution must substantiate charges with consistent, reliable evidence; failure to do so results in acquittal.
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