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ASHUTOSH KUMAR, JITENDRA KUMAR
Chedi Bind @ Chhedi Vind Son of Late Suresh Bind – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Ashutosh Kumar, J.
Heard Mr. Kumar Sunil learned Advocate for the appellant and Mr. Abhimanyu Sharma, learned APP for the State.
2. The sole appellant/Chedi Bind @ Chhedi Vind has been convicted for the offence under Section 376(1) of the IPC vide judgment dated 12.10.2018 passed by the learned Additional District & Sessions Judge, 1st -cum-Special Judge, Kaimur (Bhabua) in connection with Sessions Trial Registration No. 32 of 2017 – POCSO Case No. 32/2017, arising out of Bhabua Mahila P.S. Case No. 53 of 2017. By order dated 15.10.2018 he has been sentenced to undergo R.I. for 15 years, to pay a fine of Rs. 15000/- and in default of payment of fine to further suffer R.I. for six months for the offence under Section 376(1) of the IPC.
3. The victim is alleged to have been raped by the appellant in the night intervening between 2nd-3rd of September, 2017.
4. A typed written report was filed by the victim on the basis of which Bhabua (Mahila) P.S. Case No. 53 of 2017 was registered for investigation against the appellant under Section 376 of the IPC and Section 4 of the POCSO Act, 2012.
5. In the written report, the victim has disclosed her age to be 15 years. She has alleged th
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 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 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 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.
The court emphasized that delays in lodging complaints, inconsistencies in witness testimonies, and lack of corroborative medical evidence can lead to the acquittal of an accused under sexual offense....
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 prove its case beyond reasonable doubt, and inconsistencies in the victim's testimony and lack of corroborative evidence can lead to the reversal of conviction.
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.
The conviction for rape can be overturned if the evidence is insufficient to demonstrate the lack of consent, particularly when the victim's own statements indicate a consensual relationship.
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