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ASHUTOSH KUMAR, JITENDRA KUMAR
Deo Narayan Yadav @ Bhulla Yadav, Son of Tarkeshwar Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Per: HONOURABLE MR. JUSTICE JITENDRA KUMAR)
The present appeal has been preferred for setting aside the impugned judgment of conviction and order of sentence dated 22.06.2017 and 23.06.2017, respectively passed by Ld. Ist Additional Sessions-cum-Special Judge (POCSO Act), Araria, in connection with Special (POCSO) Case No. 17 of 2015/Sessions Trial No. 17 of 2015, arising out of Palasi P.S. Case No. 148 of 2015 dated 04.08.2015, whereby the sole appellant has been found guilty of offence punishable under Section 376 of the Indian Penal Code and Section ¾ of the POCSO Act, 2012 and sentenced to undergo imprisonment for life and pay a fine of Rs.50,000/- under Section 376 of the Indian Penal Code and to undergo imprisonment for life and also pay a fine of Rs.20,000/- for the offence Punishable under Section ¾ of the POCSO Act, 2012 and in default to pay the fine, to undergo additional simple imprisonment of 1 year. All the sentences have been directed to run concurrently.
2. The FIR bearing Palasi P.S Case No. 148 of 2015 was registered on 04.08.2015 at 9:00 O’clock on the written report of the victim/informant against three accused persons namely, Bateshwar Yadav, Kinlal Ya
The court ruled that the prosecution failed to prove the victim's age as below 18 years, thus the POCSO Act was not applicable, leading to a modification of the conviction under IPC.
The prosecution must prove foundational facts, including the victim's age, beyond reasonable doubt, even under statutory presumptions of the POCSO Act.
The court reaffirmed that the victim's testimony is decisive in sexual offence cases, and a minor's age must be established based on consistent evidence, including oral testimonies.
Rape of girl child – Merely because victim did not immediately complain to her parents or others and was keeping quiet and fact that there was even chance of repeated assaults by itself will not abso....
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
(1) Age determination is of paramount importance for ascertaining whether or not an accused comes within purview of Juvenile Justice (Care and Protection of Children) Act, 2015.(2) Compensation to vi....
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