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CHAKRADHARI SHARAN SINGH, CHANDRA PRAKASH SINGH
Mithelesh Singh @ Mithelesh Kumar Singh @ Bholi Singh, S/o Niranjan Singh @ Nunu Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Chakradhari Sharan Singh, J.)
This appeal has been preferred under Section 374(2) of the Code of Criminal Procedure Code,1973, (Cr.P.C. for short) by the appellant, assailing a judgment of conviction dated 31.08.2017 and an order of sentence dated 11.09.2017 passed by 1st Additional District and Sessions Judge-I-cum-Special-Judge, Madhepura in POCSO Case No. 01 of 2017/CIS No. 01 of 2017, whereby the appellant has been convicted and sentenced as under:
| Conviction under Section | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | |
| 376D of the Indian Penal Code | RI for 20 years | 1,00,000/- | One year RI. |
| 3(1)(w)(i) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act | Six Months imprisonment | 500/- | Two months imprisonment |
2. The informant’s name, who has been examined at the trial as P.W.-5, is being concealed in the present judgment and order and has been referred to as the 'X' or P.W.-5/the informant.
3. We have heard Mr. Rajesh Kumar Singh, learned Senior Counsel representing the appellant and Ms. Usha Kumari No. 1, learned Special P
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 prosecution's reliance on the victim's inconsistent testimony did not meet the evidentiary standard required for conviction, leading to the appellant's acquittal.
The prosecution failed to establish the case beyond reasonable doubt due to contradictions in the victim's testimony and lack of corroborative medical evidence.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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