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CHAKRADHARI SHARAN SINGH, RAJESH KUMAR VERMA
Md. Shamsad @ Md. Nazim, S/o. Md. Mokim – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chakradhari Sharan Singh, J.
These appeals have been preferred by the appellants, putting to challenge the impugned judgment of conviction dated 18.12.2019 and order of sentence dated 23.12.2019, passed by learned 1st Additional Sessions Judge, Samastipur, in Trial No. 03 of 2019, arising out of Tajpur (Waini) P.S. Case No. 312 of 2016, G.R. No. 2638 of 2016, whereby the appellants have been convicted and sentenced as under :
| Appellant Number | Conviction under Section | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | ||
| CRIMINAL APPEAL (DB) No. 356 of 2020 | ||||
| Md. Shamsad @ Md. Nazim | 376(D) of the IPC | R.I. for 20 years | 1,00,000/- | S.I. for 6 months |
| 354 of the IPC | R.I. for 5 years | 10,000/- | S.I. for 3 months | |
| 448 of the IPC | R.I. for 1 year | 1,000/- | S.I. for 1 month | |
| CRIMINAL APPEAL (DB) No. 38 of 2020 | ||||
| Nutan Devi | 323 of the IPC | R.I. for 1 year | 1,000/- | S.I. for 1 month |
| 354 of the IPC | R.I. for 5 years | 10,000/- | S.I. for 3 months | |
| 341 of the IPC | S.I. for 1 month | - | - | |
| 448 of | ||||
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 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 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 conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution must establish guilt beyond a reasonable doubt, with sufficient and credible evidence; failure to do so invalidates a conviction.
The importance of reliable and consistent evidence, the need for corroboration of the victim's testimony, and the requirement for scientific examination of evidence in cases of sexual assault.
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