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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH, RAJESH KUMAR VERMA, JJ.
Md. Shamsad @ Md. Nazim, S/o. Md. Mokim & Ors. - Appellants
Versus
The State of Bihar - Respondent
Criminal Appeal (DB) Nos. 356, 38, 41 of 2020
Decided On : 24-01-2023
POCSO Act - Conviction under Section 376(D), 354, 448, 341, 323, 504, 506 and 509 of the IPC and Sections 4 and 8 of the POCSO Act - The court acquitted the appellants, Arun Kumar and Md. Shamsad @ Md. Nazim, of the charges punishable under Sections 376(D), 448, 504, 506, 506 of the IPC and Section 4 of the POCSO Act.
Fact of the Case:
The appellants were convicted and sentenced for various offenses including rape, assault, and kidnapping based on the allegations made by the victim. The victim alleged that the appellants entered her house, committed rape, and then escaped. The appellants denied the charges and were put on trial.
Finding of the Court:
The court found that the prosecution failed to establish beyond all reasonable doubts that the victim was a child within the meaning of the POCSO Act. The court also found contradictions and improbabilities in the victim's testimony, leading to doubts about the appellants' guilt. As a result, the court acquitted the appellants of the charges.
Issues: The main issue was whether the prosecution had provided sufficient evidence to establish the guilt of the appellants for the alleged offenses.
Ratio Decidendi: The court's decision was influenced by the lack of conclusive evidence regarding the victim's age and the presence of contradictions and improbabilities in the victim's testimony. The court emphasized the need for corroborative evidence to establish the prosecution's case beyond all reasonable doubt.
Final Decision: The court acquitted the appellants, Arun Kumar and Md. Shamsad @ Md. Nazim, of the charges punishable under Sections 376(D), 448, 504, 506, 506 of the IPC and Section 4 of the POCSO Act. The appellants, Nutan Devi and Gita Devi, were granted the benefit of Section 4 of the Probation of Offenders Act and directed to be released on probation of good conduct.
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 IPC | R.I. for 1 year | 1,000/- | S.I. for 1 month | |
| 506 of the IPC | R.I. for 1 year | 1,000/- | S.I. for 1 month | |
| Gita 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 IPC | R.I. for 1 year | 1,000/- | S.I. for 1 month | |
| 506 of the IPC | R.I. for 1 year | 1,000/- | S.I. for 1 month | |
| CRIMINAL APPEAL (DB) No. 41 of 2020 | ||||
|
Arun Kumar | 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 | |
2. All the sentences have been ordered to run concurrently.
3. The informant's name has been concealed in the present judgment in order to protect her prestige and dignity.
4. A fardbeyan of the informant, recorded by the Sub Inspector of Police of Mahila Police Station, Samastipur, on 13.10.2016, is the basis for registration of the FIR. The informant alleged that on the day of occurrence, i.e., 12.10.2016, at 10:00 p.m., the appellants, namely, Arun Kumar and Md. Shamsad @ Md. Nazim, came to her house on a motorcycle, entered into her house, they pressed her mouth using handkerchief and thereafter both of them committed rape on her. The moment they came out of her house, the local inhabitants captured Md. Shamsad @ Md. Nazim; however, the appellant Arun Kumar, managed to escape. She further alleged that her (informant's) uncle, upon taking a sum of Rs.30,000/- from the family members of Md. Shamsad @ Md. Nazim, released him with his motorcycle. On the next day, her mother (PW-5) came and inquired about the persons, who had visited her house the previous night. She alleged that thereafter her neighbour Hari Om (uncle), her aunt and sisters-in-law, namely, Nutan Devi and Gita Devi, came and assaulted the informant and her mother with lathi. She further alleged that thereafter they, using scissors, shortened her hair and her mother's hair apparently by way of social sanction and in order to ridicule them in the background of the occurrence. The accusation to the aforesaid effect gave rise to registration of the FIR, disclosing the commission of the offences punishable under Sections 376(D), 354, 448, 341, 323, 504, 506 and 509 of the IPC and Sections 4 and 8 of the POCSO Act, 2012 on 13.10.2016. As the informant had claimed to be below 18 years in her fardbeyan, the provisions under the POCSO Act were incorporated in the FIR.
5. The police, upon completion of investigation, submitted its chargesheet, whereupon cognizance was taken by the learned Magistrate by an order dated 18.01.2017 of the offences punishable under Secti
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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