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CHAKRADHARI SHARAN SINGH, G. ANUPAMA CHAKRAVARTHY
Subir Kumar @ Chhotiya – Appellant
Versus
State of Bihar – Respondent
Gunnu Anupama Chakravarthy, J.—This criminal appeal has been preferred against Judgment of conviction dated 29.11.2021 and order of sentence dated 30.11.2021 passed by the learned Additional Sessions Judge VI – cum – Special Judge POCSO, Jehanabad, in POCSO Case No. 50 of 2019, arising out of Jehanabad (Mahila) P.S. Case No. 46 of 2019. By the judgment and order aforesaid, the appellant has been convicted and sentenced as under:—
Cr. Appeal (D.B.) No. 104 of 2022
| Convicted under | Sections | Imprisonment | Sentence Fine (Rs.) | In default of fine |
| Subir Kumar @ Chhotiya | 376 of the IPC | R.I. for Life | 10,000/- | R.I. for one year |
|
| 4 of the POCSO Act | R.I. for Life | 10,000/- | R.I. for one year |
All the sentences have been directed to run concurrently.
2. As the matter relates to Section 376 of the Indian Penal Code and section 4 of the POCSO Act, we are of the considered view that the names of the victim or the parents of the victim shall not be disclosed in the judgment in order to safeguard the identity of the victim girl as per the directions of the Hon’ble Supreme Court.
3. We have heard Mr. Ajay Kumar Thakur, learned counsel for the appellant and Ms. Shashi Bala Verma, learned
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 presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
The prosecution must conclusively establish the victim's age under the POCSO Act, and inconsistencies in the victim's testimony can undermine the case against the accused, warranting acquittal.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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