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ASHUTOSH KUMAR, JITENDRA KUMAR
Karu Singh @ Anish Kumar @ Aneesh Kumar – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J.—Both the appeals have been taken up together as they have been preferred against the same impugned judgment of conviction and order of sentence dated 19.12.2023 and 21.12.2023 respectively, passed by learned Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-VII, Gaya, in POCSO Case No. 17 of 2022 arising out of Mahkar P.S. Case No. 83 of 2021, whereby all three appellants have been found guilty for the offence punishable under Section 376-D of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for remainder of the natural life and to pay a fine of Rs.70,000/- each. In case of default to pay the fine, the appellants have been directed to undergo further simple imprisonment for one year and two months.
2. The prosecution case as emerging from the written report of the victim/informant addressed to Officer-in-charge, Mahkar Police Station, Gaya is that the informant is 14 years old. On 16.10.2021 she had gone to see Durga Pooja. At 11:00 O'Clock in the night, appellant Shashi Singh called her by his mobile number 6203025364 on her mobile bearing number 8434869849 and stated to her that her mother is calling her at home. She star
The prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
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