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ASHUTOSH KUMAR, ALOK KUMAR PANDEY
State of Bihar – Appellant
Versus
Amar Kumar – Respondent
Ashutosh Kumar, J. – The Death Reference No. 9 of 2021 and Criminal Appeal (DB) No. 728 of 2021 have been heard together and are being disposed off by this common judgment.
2. We have heard Mr. Krishna Chandra, learned Advocate for the appellant and Mr. Abhimanyu Sharma, learned APP for the State.
3. The sole appellant has been convicted under Sections 302/34, 201/34 and 376DB/34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012, vide judgment dated 08.10.2021, passed by the learned Special Judge (POCSO)-cum-Additional District & Sessions Judge-VI, Araria, in Spl. POCSO Act Case No. 46 of 2019, arising out of Forbeisganj (Simraha) P.S. Case No. 758 of 2019. On the same day, he has been sentenced to be hanged by neck till he died. Some other directions have been issued by the Special Court/Trial Court, viz., destruction of seized articles, if any, in due course of law and referring the matter to D.L.S.A. for granting compensation of Rs.10,00,000/- to the family of the victim etc.
4. A 12 year old girl is said to have been gang-raped and then killed and thrown on a road near a temple, where she along with her grand-mother (P.W. 1) had go
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
(1) Evidence is only to be weighed and not to be counted – It is essentially, for prosecution to decide as to how many witnesses are to be examined to establish its case on any particular point.(2) D....
The court ruled that corroboration from witnesses is critical in supporting a victim's testimony, leading to conviction for grievous offenses under IPC and POCSO, and sentencing must consider the bac....
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