Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY, JJ.
Manish Kumar, Son of Vijaymal Ram - Appellant
Versus
The State of Bihar – Respondent
Criminal Appeal (DB) No.476 of 2021
Decided On : 06-09-2023
POCSO - Appeal against conviction under Sections 376, 323, 341 of IPC and Section 4 of POCSO Act - [IPC 376, IPC 323, IPC 341, POCSO Act 4] - The court acquitted the appellant of all charges due to lack of conclusive evidence and benefit of doubt.
Fact of the Case:
The appellant was convicted under Sections 376, 323, 341 of IPC and Section 4 of the POCSO Act based on the victim's claim of rape. However, the medical report did not support the accusation of rape, and the prosecution's case was found to have inherent lacuna.
Finding of the Court:
The court found that the prosecution failed to establish the victim's age as a child within the meaning of the POCSO Act and that the medical evidence did not corroborate the victim's testimony. The court also noted discrepancies in the investigation and lack of conclusive evidence connecting the appellant to the alleged offenses.
Issues: The key issues were the determination of the victim's age, the reliability of the victim's testimony, the adequacy of the investigation, and the lack of conclusive evidence against the appellant.
Ratio Decidendi: The court emphasized the importance of establishing the victim's age and the need for reliable evidence to support the prosecution's case. It also highlighted the requirement for thorough investigation and the necessity of conclusive evidence to convict the accused.
Final Decision: The court acquitted the appellant of all charges, including those under Sections 376, 323, 341 of IPC and Section 4 of the POCSO Act, giving him the benefit of doubt. The order of sentence was set aside, and the appellant was ordered to be released from custody.
JUDGMENT :
(Chakradhari Sharan Singh, J.)
This appeal has been preferred under Section 374(2) of the CrPC against the judgment of conviction dated 17.06.2021 and the order of sentence dated 23.06.2021 passed by the learned Additional Sessions Judge-VIth-cum-Special Judge POCSO Act, Kaimur (Bhabhua), in POCSO Case No. 13 of 2020 arising out of Mahila (Bhabhua) P.S. Case No. 12 of 2020, whereby the appellant has been convicted and sentenced as under:
| Cr. Appeal (D.B.) No. 476 of 2021 | ||||
|
| Convicted under Sections | Sentence | ||
|
|
| Imprisonment | Fine (Rs.) | In default of fine |
| Manish Kumar | 376 of the IPC | R.I. for Ten years | 10,000/- | R.I. for six months |
|
| 323 of the IPC | R.I. for One year | 1,000/- | R.I. for three months |
|
| 341 of the IPC | S.I. for one month | - | - |
|
| Section 4 of the POCSO Act | R.I. for 12 years | 10,000/- | R.I. for six months |
2. All the sentences have been directed to run concurrently.
3. The victim is the informant (PW-2), whose name has not been disclosed in the present the judgment and order. We have taken utmost care to ensure that the name of her parents, who have deposed at the trial as witnesses, do not appear in the judgment so as to protect the identity of the victim. The victim/informant is being referred to, in the present judgment, as PW-2, whereas her father as PW-1.
4. The written report of PW-2, addressed to the Officer-in-Charge, Mahila Police Station dated 09.03.2022 in respect of the occurrence, which had taken place on 08.04.2020, is the basis for registration of Mahila (Bhabhua) P.S. Case No.12/2020, disclosing commission of the offences punishable under Sections 341, 323, 376 of the Indian Penal Code and Section 4 of the POCSO Act. The victim claimed her age to be fifteen years. At 4:00 PM on 08.03.2020, she had gone out of her village to collect grass on the banks of a river. This appellant, taking advantage of her loneliness, caught hold of her. He gagged the victim (PW-2) with Gamcha and committed rape upon her. She became unconscious, whereafter the appellant sprinkled water on her face for her to regain consciousness and fled away. When she regained consciousness, there was none at the place of occurrence. She returned home and thereafter explained to her parents about the occurrence. On 09.03.2020, the victim (PW-2) was subjected to medical examination for ascertaining her age and examination in relation to sexual assault. We consider it beneficial to place in verbatim the report of medical examination, which came to be proved by PW-3, a doctor, who was member of the Medical Board, constituted for examination of PW-2. It reads as under: -
(a) Examination of clothes-According to girl and her mother incidence occurred on 08.03.2020. Clothes were not changed bath not taken. So, clothes were sealed and handed over to Mahila Sipahi accompanying her. Sealed clothes included-(a) Anarkali Kurta-White colour (b) Leggings-Maroon colour, (c) Dupatta-maroon colour, (d) Slip-Under garments cream in colour, (e) Panty- Cream colour.
No tear, no patch seen either dried or wet.
(b) Marking of physical violence over body-No signs of physical injuries seen over any part of body.
(c) Examination of external genitals-No signs of injuries seen over or around genital.
(d) Internal examination of genitals-Vaginal swabs taken and sent for pathological examination. Anal’s swab taken and sent for pathological examination. Urine sent for pregnancy test. Whole abdomen USG advised. Pathological Report shows no spermatozoa found dead or alive. Anal swab shows no spermatozoa found dead or alive. Urine pregnancy test found negative. Whole abdomen found normal. All reports are attached in original copies.
2. Opinion-On the basis of above findings and evidence, incidence of recent rape can not be ascertained.
3. Mark of identification-(i) A til below left eye. (ii) A til below right eyebrow.”
5. The Medical Board, constituted for determination of age of
The central legal point established in the judgment is the requirement for conclusive evidence to establish the commission of offenses, especially in cases involving serious allegations such as rape,....
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
The prosecution must provide credible evidence to establish the age of the victim in cases under the POCSO Act, and mere reliance on school records without corroborating evidence is inadequate to pro....
(1) Penetrative sexual assault on girl child – Evidence of approximate age of victim would not be sufficient to any conclusion about exact age of victim.(2) Medical examination of accused of rape is ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
