Back
ASHUTOSH KUMAR, JITENDRA KUMAR
Ajeet Kumar, Son of Sri Arvind Das – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
We have heard Mr. Ajay Kumar Thakur assisted by Mrs. Vaishnavi Singh, learned Advocates for the appellant and Mr. Binod Kumar for the informant. The State has been represented by Mr. Binod Bihari Singh, learned Additional Public Prosecutor.
2. The appellant has been convicted under Section 376 of the Indian Penal Code and Section ¾ of the POCSO Act vide judgment dated 20.07.2023 passed by learned Exclusive Special Judge (POCSO Act)-cum-Additional Sessions Judge-VI, Begusarai in POCSO Case No. 09 of 2022. By order dated 22.07.2023, he has been sentenced to undergo RI for 20 years, to pay a fine of Rs. 50,000/- and in default of payment of fine to further suffer SI for three months under Section 3/4(2) of the POCSO Act. No separate sentence has been awarded to the appellant under Section 376 of the IPC.
3. The victim, a 16 year old girl, is alleged to have been raped by the appellant in the night of 12.04.2022. She had lodged a written report on 13.04.2022 alleging that at about 9:15 PM, when she had gone to the washroom behind the house of her maternal grandmother, with whom she had been residing for a long time, the appellant, a 2
The prosecution must prove its case beyond reasonable doubt; inconsistencies in the victim's testimony and lack of corroborative evidence led to the acquittal of the appellant.
A delayed FIR and procedural lapses in investigation undermine prosecution's case, leading to the acquittal of the accused when doubt arises.
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.
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 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 prosecution failed to prove the case beyond reasonable doubt, leading to the appellant's acquittal due to significant doubts regarding witness credibility and procedural violations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
