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ASHUTOSH KUMAR, JITENDRA KUMAR
Bholu Rai @ Ashish Rai – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—Both the appeals have been taken up together and are being disposed off by this common judgment.
2. We have heard Mr. Bindhyachal Singh and Mr. Ramakant Sharma, the learned Senior Advocates for the two appellants, namely, Bholu Rai @ Ashish Rai [Cr. Appeal (DB) No. 438 of 2022] and Bali Rai @ Satyam Rai [Cr. Appeal (DB) No. 387 of 2022].
3. Mr. Ritesh Abhishek, the learned Advocate and Mr. Bipin Kumar, the learned APP have appeared in both the appeals on behalf of the informant and State respectively.
4. Both the appellants, who were put on Trial along with one Rinku Rai @ Brajesh Kumar Rai, have been convicted for the offences under Sections 376-D/34 and 376-DA/34 of the Indian Penal Code (in short the IPC) and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short the POCSO Act, 2012) vide judgment dated 18.04.2022 passed by the learned Additional District Judge-VI-cum- Special Judge, POCSO Act, Buxar in POCSO Case No. 43 of 2020/CIS No. 43 of 2020, arising out of Buxar Mahila P.S. Case No. 108 of 2020. By order dated 20.04.2022, they have been sentenced to undergo imprisonment for the remainder of their lives and to pay a sum of Rs.
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.
The absence of medical evidence does not negate the credibility of a victim's testimony in sexual assault cases, and minor inconsistencies do not render it untrustworthy.
The court acquitted the appellant due to doubts regarding the victim's age and inconsistencies in the prosecution's evidence, emphasizing the principle of benefit of doubt.
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 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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