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CHAKRADHARI SHARAN SINGH, KHATIM REZA
Bhukhan Mahto @ Bhukan Mahto Son of Bullak Mahto @ Hullak Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chakradhari Sharan Singh, J.
Since all these three appeals arise of the same judgment and order of learned trial court, they have been heard together and are being disposed of by the present common judgment and order.
2. These appeals have been preferred by the appellants assailing the impugned judgment of conviction dated 16.08.2019 and order sentence dated 21.08.2019, passed by the learned Additional District & Sessions Judge-1st-cum-Special Judge POCSO, Lakhisarai in POCSO No. 41 of 2016 arising out of Medni Chowki P.S. Case No. 41 of 2016, whereby the appellants have been convicted and sentenced as under:
| Appellant | Conviction under Section | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | ||
| CRIMINAL APPEAL (DB) No.1119 of 2019 | ||||
| Bhukhan Mahto | 376D of the Indian Penal Code | For life | 1,00,000/- | Two years imprisonment |
| 506 of the Indian Penal Code | Three years imprisonment | 10,000/- | Six months imprisonment | |
| 4 of the Protection of Children from Sexual Offences Act | For life | 1,00,000/- | Two years imprisonment | |
The main legal point established in the judgment is the requirement for conclusive evidence to establish criminal charges, and the importance of supporting evidence in criminal trials.
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....
Sexual assault on minor girl – There is absolutely no evidence to indicate that appellants had committed such assault – Appellants acquitted.
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 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....
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