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ARVIND SRIVASTAVA, SUNIL DUTTA MISHRA
Abhinandan Sah @ Abhinandan Kumar Sah – Appellant
Versus
State of Bihar – Respondent
Sunil Dutta Mishra, J. – Heard learned senior counsel for the appellant and learned counsel for the State.
2. This criminal appeal has been preferred against the judgment dated 15.12.2021 and sentence dated 21.12.2021 passed by learned Additional Sessions Judge VI-cum-Special Judge (POCSO Act), Purnea in connection with Special Case No.93 of 2019 (CIS No.93 of 2019) arising out of Sarsi P.S. Case No.180 of 2019 whereby and whereunder the appellant has been convicted under Section 376 of the I.P.C. and Section 4 of the POCSO Act and sentenced him for rigorous imprisonment for 14 years under Section 4 of the POCSO Act with a fine of Rs.50,000/- and in default of payment of fine, the appellant has been directed to undergo additional rigorous imprisonment for three months. It has further been directed that the period of detention undergone by the appellant shall be set off against the sentence imposed and following the provision under Section 42 of the POCSO Act, the appellant is not liable to be punished or sentenced under Section 376 of the I.P.C. distinctly as he has already been sentenced for the offence under Section 4 of the POCSO Act. It is further ordered that fine amount shall
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
The prosecution must prove foundational facts beyond reasonable doubt; reliance solely on the victim's testimony is insufficient if unsupported by corroborative evidence.
The conviction of the appellant was quashed due to insufficient and inconsistent evidence, demonstrating the necessity for reliable testimonies in criminal cases, especially under sexual offence laws....
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
The prosecution must prove foundational facts, including the victim's age and the occurrence of the alleged crime, beyond reasonable doubt for a conviction under the POCSO Act.
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