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2024 Supreme(Pat) 516

ASHUTOSH KUMAR, JITENDRA KUMAR
Satyabrat Ashok @ Satya Vrat Ashok @ Pappu Sharma @ Pappu – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Ajay Kumar Thakur, Kiran Kumari, Vaishnavi Singh, Imteyaz Ahmad, Ritwik Thakur, Ritwaj Raman.
For the State : Mr. Binod Bihari Singh, APP.

Judgement Key Points

Certainly. Based on the provided legal document, the key legal points are as follows:

  1. The prosecution has the initial burden to establish the foundational facts, including the age of the victim, beyond reasonable doubt. The age of the victim is a crucial element for applying the relevant statutes and must be proved through admissible evidence, such as matriculation certificates or other official documents, with proper procedural adherence (!) (!) (!) .

  2. The procedure for determining the age of a victim under the POCSO Act and related juvenile laws is similar. It involves considering official documents first, such as matriculation or birth certificates, and if unavailable, resorting to medical age estimation tests. The process must be in accordance with applicable rules and regulations, and objections to evidence must be raised at the appropriate stage (!) (!) (!) .

  3. Evidence of age obtained through secondary sources, such as photocopies, is admissible if the proper foundation is laid, and objections to such evidence are raised timely. Waiver of objections at trial may preclude raising such issues at later stages (!) (!) (!) .

  4. The victim's age at the time of the alleged sexual assault is critical for determining the applicability of the POCSO Act. The evidence indicates that the victim was below 18 years at the time of the offence, which is a fundamental requirement for the offence under the Act (!) (!) (!) .

  5. The evidence of the victim, corroborated by her parents, maternal uncle, and medical examination, is trustworthy and sufficient to establish that the victim was subjected to penetrative sexual assault. The victim's consent is immaterial under the law, as she was a minor at the time of the offence (!) (!) (!) .

  6. The marriage of the accused to the victim does not absolve him of the offence, especially since the marriage is void ab initio due to the victim's minority and the accused's existing marriage. Such marriage does not negate the criminal act of sexual assault (!) .

  7. The evidence on record supports the conclusion that the accused committed the offence of penetrative sexual assault and that the offence was committed when the victim was approximately 16 years and 10 months old (!) (!) .

  8. The presumption provisions under the POCSO Act, which shift the burden of proof onto the accused regarding the mental element of the offence, are applicable once the foundational facts are proved. The accused has the opportunity to rebut these presumptions, but the prosecution must first establish the basic facts beyond reasonable doubt (!) (!) (!) .

  9. The victim's testimony is sufficient for conviction without requiring corroboration, provided it is trustworthy and credible. The evidence of the victim, supported by medical and testimonial evidence, is deemed reliable in this case (!) (!) .

  10. The court has a duty to award compensation to the victim, which can be ordered directly by the court based on the circumstances of the case. The compensation aims to address physical and mental trauma and support rehabilitation. The applicable scheme and legal provisions empower the court to direct the payment of compensation either as interim or final relief (!) (!) (!) .

  11. In the absence of a specific state scheme for victims under the POCSO Act, the guidelines and provisions of the national victim compensation scheme, as well as relevant statutory provisions, should be utilized to determine the quantum and process of compensation. The court is responsible for ensuring timely payment to the victim (!) (!) .

  12. The law emphasizes that procedural objections to evidence, such as the mode of proof of documents, must be raised at the appropriate stage. Failure to do so results in waiver, and such objections cannot be raised for the first time during appeal (!) (!) .

  13. The legal framework mandates that the court must explicitly find and declare the victim of the offence and order appropriate compensation, even if the accused is acquitted or discharged. The obligation to provide compensation is a statutory duty of the court (!) .

  14. The sentence for the offence under the relevant statutes involves rigorous imprisonment for a minimum of ten years, with the possibility of life imprisonment, along with a fine. The fine amount, when paid, is directed to be given to the victim as part of the compensation (!) (!) .

  15. The court has the authority to direct the payment of interim and final compensation, ensuring the victim's rehabilitation and addressing trauma, in accordance with the applicable legal provisions and guidelines. Such payments are to be made within stipulated timeframes and can be deposited in interest-bearing accounts if deemed appropriate (!) (!) .

These points collectively summarize the legal principles, procedural requirements, and judicial directions relevant to the case, emphasizing the importance of proper age determination, the credibility of victim testimony, the non-cessation of criminal liability despite marriage, and the court’s role in ensuring victim compensation.


Jitendra Kumar, J.—The present appeal has been preferred against the impugned judgment of conviction and order of sentence dated 22.10.2022 and 04.11.2022 respectively passed by Ld. Special Judge, POCSO Court-cum-Additional Sessions Judge-VI, Gaya, Bihar, in POCSO Case No. 79 of 2018 arising out of Kotwali P.S. Case No. 356 of 2018, whereby the sole appellant has been convicted for the offences punishable under Section 376 of the Indian Penal Code and Section 4(2) of POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for 20 years and pay a fine of Rs. 25,000/- for offence punishable under Section 4(2) of POCSO Act, 2012 and in case of default of payment of fine additional rigorous imprisonment of three months. The appellant has not been sentenced under Section 376 of the Indian Penal Code in view of the provisions of Section 42 of the POCSO Act, 2012.

2. The FIR bearing Kotwali P.S. Case No. 356 of 2018 was lodged at 11:00 O’ Clock on 20.07.2018 against the sole accused Satyabrat Ashok @ Pappu Sharma, who is appellant herein, for offence punishable under Section 376 of the Indian Penal Code and Section 8 of POCSO Act, 2012 on the written report of the victim on 20.07.201

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