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CHAKRADHARI SHARAN SINGH, CHANDRA PRAKASH SINGH
Randheer Rai S/o Nandkishore Ray – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
1. This appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure putting to challenge the judgment of conviction dated 30.09.2020 and the order of sentence dated 05.10.2020, passed in T.R. No. 131 of 2020/R.N. No. 1448 of 2018, arising out of Khanpur P.S. Case No. 162 of 2018, by the trial court, whereby the sole appellant has been convicted and sentenced as under:
| Convicted under Sections | Sentence | ||
| Imprisonment | Fine | In default of fine | |
| 376 of the Indian Penal Code | R.I. for 20 years | Rs. 30,000/- | One year simple imprisonment |
| 4 of Protection of Children from Sexual Offences Act | R.I. 30 years | Rs. 50,000/- | Two years simple imprisonment |
2. The sentences have been ordered to run concurrently with set off for the period of judicial custody.
3. Heard Mr. Vikram Deo Singh, learned counsel appearing on behalf of the appellant and Ms. Shashi Bala Verma, learned Additional Public Prosecutor representing the State.
4. Briefly narrated, the prosecution’s case, as disclosed in the
The main legal point established in the judgment is the requirement for evidence to establish the victim as a child and the absence of evidence of force or undue inducement in cases of sexual assault....
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 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....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The prosecution bears the burden of proving the victim's age in cases involving the POCSO Act, and failure to do so undermines the validity of charges related to sexual offences against minors.
The prosecution must prove foundational facts in cases involving sexual offences against children, and corroboration of evidence, especially in cases of material improvement in the victim's testimony....
The court confirmed conviction for kidnapping and sexual assault under IPC and POCSO Act, emphasizing victim testimony's reliability and the statutory presumption of guilt established by the prosecut....
The court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
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