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CHANDRA SHEKHAR JHA
Vivek Kumar, S/o Dilip Rai @ Dilip Kumar Roy – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Since all these three appeals arising out of same P.S. case and common judgment, they are being disposed of with common judgment.
2. These appeals have been preferred by the appellants-convicts under Section-374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr.P.C.’) challenging the impugned judgment of conviction dated 15.07.2023 and order of sentence dated 18.07.2023 respectively passed by learned Exclusive Special Judge, POCSO Act-cum-Additional Sessions Judge-VI, Begusarai in POCSO Case No.96 of 2018 arising out of Matihani P.S. Case No.176 of 2018, whereby the concerned Trial Court has convicted all above-named appellants/convicts under Sections 366-A, 354-B, 342 read with 34 of the Indian Penal Code (for short ‘IPC’) and Section 8 of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’) and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.10,000/- and in default of payment of fine, to further undergo simple imprisonment for three months under Section 366-A read with 34 of the IPC, simple imprisonment for one year with fine of Rs.1000/- and in default of payment of fine, to further undergo simple im
The conviction under IPC and POCSO was quashed due to insufficient evidence and contradictions in the victim's testimony, highlighting the need for corroboration in sexual assault cases.
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The prosecution must establish its case beyond reasonable doubt, particularly in POCSO cases, where inconsistencies in evidence can invalidate the presumption of guilt.
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
The statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
The prosecution evidence must prove the charge beyond reasonable doubt, and the unreliability of the victim's testimony requires corroboration from independent evidence in cases of sexual offences.
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