Back
CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Anil Ram S/o Kameshwar Ram – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
1. This appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, putting to challenge a judgment of conviction dated 21.08.2021 and an order of sentence dated 27.08.2021 passed by the learned Additional District & Sessions Judge-VI-cum-Special Exclusive Judge, (POCSO), Aurangabad in POCSO (G.R.) No. 03 of 2017/ CIS No. 03 of 2017, arising out of Goh P.S. Case No. 83 of 2016, whereby the appellant has been convicted and sentenced as under:
| Penal Provision | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | |
| Section 6 of the POCSO Act | RI for 20 years | 20,000/- | SI for six months |
| 366-A of the IPC | RI for five years | 5,000/- | SI for three months |
| 376-D of the IPC | X | X | X |
2. The victim's (PW-3's) father (PW-2) is the informant of Goh P.S. Case No. 83 of 2016 registered on 10.08.2016, which gave rise to POCSO (G.R.) No. 03 of 2017/CIS No. 03 of 2017, disclosing commission of offence punishable under Section 366A read with Section 34 of the Indian Penal Code. His written report handed over to the Officer-in-Charge of the said police station on 10.08.2016 is the basis
The prosecution must establish the victim's age as a minor to sustain charges under the POCSO Act and relevant sections of the IPC; inconsistencies in witness testimonies can lead to reasonable doubt....
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.
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
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 conviction of a minor for kidnapping and repetitive rape is upheld when credible evidence establishes the victim's minority and the accused's actions contravene statutory provisions regarding chi....
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
