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ASHUTOSH KUMAR, JITENDRA KUMAR
Rakesh Ram – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – The two appeals, viz., Cr. Appeal (DB) Nos. 878 of 2022 and 899 of 2022 (appellants/Rakesh Ram and Sanjay Ram respectively) have been heard together and are being disposed off by this common judgment.
2. Both the appellants, along with one Sangita Devi, were put on Trial.
3. The appellants have been convicted under Sections 342/34, 323/34 and 376-D/34 of the Indian Penal Code and Sections 4/17 of the POCSO Act, 2012 vide judgment dated 27.09.2022 passed by the learned Additional District & Sessions Judge-VI-cum-Special Court POCSO Act, Buxar in POCSO Case No. 28 of 2021, arising out of Mahila P.S. Case No. 41 of 2021. By order dated 29.09.2022, they have been sentenced to undergo S.I. for one year, to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further suffer S.I. for one month under Section 342/34 of the IPC; S.I. for one year, to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further suffer S.I. for one month under Section 323/34 of the IPC and R.I. for twenty years, to pay a fine of Rs. 20,000/- each and in default of payment of fine, to further suffer S.I. for six months under Section 376- D/34 of the IPC.
4. The
The court acquitted the appellants due to insufficient evidence and inconsistencies in the victim's testimony, emphasizing the need for credible proof in sexual offense cases.
The prosecution must provide credible evidence beyond reasonable doubt in sexual assault cases; inconsistencies in witness testimony and absence of corroborative evidence can lead to acquittal.
Credible testimony of the victim in sexual assault cases can suffice for conviction even without corroborating medical evidence, particularly in gang rape situations where evidence may be challenging....
The court upheld the conviction for rape under IPC and POCSO Act, emphasizing the credibility of the victim's testimony and the need for sensitivity in child sexual assault cases.
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