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CHAKRADHARI SHARAN SINGH, GUNNU ANUPAMA CHAKRAVARTHY
Indrajeet Paswan @ Indrajeet Rai @ Indrajeet Kumar – Appellant
Versus
State of Bihar – Respondent
Gunnu Anupama Chakravarthy, J. – This criminal appeal has been preferred against Judgment of conviction dated 14.02.2022 and order of sentence dated 16.02.2022 passed by the learned Additional Sessions Judge VI – cum – Special Judge POCSO, Jehanabad, in POCSO Case No. 24 of 2020 (arising out of Barabar Paryatan P.S. Case No. 41 of 2020. By the judgment and order aforesaid, the appellant has been convicted and sentenced as under: –
|
| Convicted under Sections |
| Sentence |
|
|
|
| Imprisonment | Fine (Rs.) | In default of fine |
| Indrajeet Paswan | 376 of the IPC | R.I. for Life | 10,000/- | R.I. for one year |
| @ Indrajeet Rai @ | 4 of the POCSO Act | R.I. for Life | 10,000/- | R.I. for one year |
| Indrajeet Kumar | 363 of the IPC | R.I. for Life | 10,000/- | R.I. for one year |
|
| 365 of the IPC | R.I. for Life | 10,000/- | R.I. for one year |
|
| 506 of the IPC | R.I. for Life | 5,000/- | 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
The judgment underscores the necessity of corroborative evidence in sexual assault cases, the importance of establishing the victim's age under the POCSO Act, and the need for reliable witness testim....
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
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 under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The statement of a deceased victim recorded under Section 164 CrPC is not substantive evidence and cannot solely support a conviction; the prosecution must prove the victim's age and provide corrobor....
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