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CHAKRADHARI SHARAN SINGH, CHANDRA PRAKASH SINGH
Binda Rai @ Vinda Ray, Son of Chandradeo Rai – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Chakradhari Sharan Singh, J.)
By a judgment and order dated 18.09.2021 passed by learned Exclusive Special Judge (POCSO) Saran at Chapra in Sessions Trial (POCSO) No. 27 of 2019, arising out of Amanur P.S. Case No 41 of 2017, respondents No. 2 to 4 have been acquitted of the charge of commission of offence punishable under Sections 302/34, 201/34, 376, 376D of the Indian Penal Code (hereinafter referred to “I.P.C.” in short) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to “POCSO Act” in short), which is under challenge in the present appeal preferred by the informant/victim under Section 372 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short).
2. We have heard Radha Mohan Singh, learned counsel appearing on behalf of the appellant and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.
3. It is considered apt to notice first the prosecution’s case, as disclosed in the fardbeyan of the informant, which is the basis for registration of F.I.R.. The appellant in his fardbeyan before the police on 11.03.2017 at 4:15 pm. alleged that on 10.03.2017 at about 7:00 pm., when he was feeding hi
The evidentiary value of confessional statements made before the police and the requirement of material evidence to establish guilt beyond reasonable doubt.
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 must establish the victim's age as a child under the POCSO Act to invoke statutory presumptions, and the appellate court respects the presumption of innocence in acquittal cases.
The main legal point established in the judgment is the reliance on corroborative evidence, including medical reports and witness testimony, to establish the commission of sexual offences. Additional....
The need for strong, compelling, and reliable evidence to prove the guilt of the accused in a criminal case, and the distinction between the trial of Sessions case and the trial held before the Judic....
The prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.
The central legal point established in the judgment is the requirement for convincing and sufficient evidence to establish the charge under Section 302/34 of the IPC.
Sexual assault on minor girl – There is absolutely no evidence to indicate that appellants had committed such assault – Appellants acquitted.
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