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ASHUTOSH KUMAR, ALOK KUMAR PANDEY
Amar Gosai – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J.—This appeal is directed against the judgment of conviction dated 20.07.2015 and order of sentence dated 23.07.2015 passed by learned 1st Additional Sessions Judge-cum- Special Judge, Madhubani in G.R. No. 458/14, T.R. No. 4/14 arising out of Khirahar P.S. Case No. 14/ 14, whereby the sole appellant has been held guilty for the offences punishable under Sections 376(2)(i) and 323 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act') and has been sentenced to undergo rigorous imprisonment for 14 years, to pay a fine of Rs. 10,000/- under Section 376(2)(i) of the I.P.C; rigorous imprisonment for six months under Section 323 of the I.P.C; and rigorous imprisonment for 14 years and fine of Rs. 10,000/- under Section 6 of the POCSO Act, 2012. In default of payment of fine, the appellant has been directed to suffer further nine months simple imprisonment. The sentences though have been ordered to run concurrently.
2. The names of the victim and PWs-3, 4, 6 and 9 (who are informant's sister, mother, grand-father and father, respectively) have
The testimony of a victim in a rape case can be sufficient for conviction, and delays in reporting do not automatically undermine credibility, particularly in cases involving minors.
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
Medical evidence via ossification tests carries a two-year margin of error requiring the benefit of doubt to favor the accused. Testimony characterized by material contradictions and a lack of indepe....
The court upheld the conviction under the POCSO Act based on strong testimonial and medical evidence, affirming that negative DNA results do not undermine the prosecution's case.
Conviction in sexual assault cases can be based on the sole testimony of a victim if deemed trustworthy. Delay in lodging an FIR is not fatal provided the explanation is plausible. Where evidence lea....
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