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CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Miraj Mian – Appellant
Versus
State of Bihar – Respondent
Chakradhari Sharan Singh, J. – By the impugned judgment and order dated 29.01.2021/ 30.01.2021 passed by the learned Exclusive Special Court (POCSO) cum Additional Sessions Judge-VI, Rohtas at Sasaram in POCSO Case No. 20 of 2018, Kargahar P.S. Case No. 131 of 2018, the appellant has been convicted and sentenced as under: –
| Conviction under Section | Imprisonment | Sentence Fine (Rs.) | In default of fine |
| 376(2) of the IPC | RI for Life | 60,000/- | RI for one year |
| 6 of the POCSO Act | X | X | X |
2. The victim’s name is not being disclosed in the present judgment in tune with the requirement under Section 228A of the Indian Penal Code and has been referred to as the child/victim in the present judgment.
3. Father of the victim is the informant on whose fardbeyan Kargahar P.S. Case No. 131 of 2018 came to be registered for commission of offence punishable under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act in short). According to the fardbeyan recorded by an Assistant Sub-Inspector of Police at
Rape of girl child – Once a victim of rape, particularly, a child is found to be truthful in her deposition, said evidence is adequate to establish charge of commission of offence punishable under Se....
The court upheld the conviction for rape under IPC and POCSO Act, emphasizing the credibility of the victim's testimony and the need for sensitivity in child sexual assault cases.
The court affirmed that prior legal standards apply to convictions, emphasizing the necessity of valid evidence and proper assessment of child witnesses' competency in sexual assault cases.
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....
The conviction for rape of a minor was modified from life imprisonment under IPC to 10 years under POCSO due to evidential shortcomings and the application of unamended statutes relevant at the time ....
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