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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Vinay Kumar S/o Late Sant Rai @ Sant Kumar @ Sant Ram – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. These three appeals have been preferred for setting aside the judgment of conviction dated 24.08.2018 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 30.08.2018 (hereinafter referred to as the ‘impugned order’) passed by learned Additional Sessions Judge-I-cum-Special Judge, POCSO, Patna (hereinafter referred to as the ‘learned trial court’) in Special Case No. 127 of 2015 arising out of Bihta P.S. Case No. 678 of 2015.
2. By the impugned judgment, the appellants have been convicted for the offences punishable under Sections 376 of the Indian Penal Code (in short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’) and by the impugned order, the appellants have been ordered to undergo life imprisonment with a fine of Rs. 10,000/- under Section 6 of the POCSO Act and in default of payment of fine, they have to further undergo one year simple imprisonment.
Prosecution Case
3. The prosecution story is based on the fardbeyan (Exhibit ‘1/1’) of victim (PW-1) recorded by the S.I. Pratima Kumari, (PW-6) of Rupaspur Police Station on 23.08.2015 in PMCH, Patna Maternity Ward,
The prosecution must prove foundational facts beyond reasonable doubt, and the presumption of guilt under the POCSO Act does not relieve it of this burden.
The prosecution must prove foundational facts, including the victim's age, to establish guilt under POCSO Act; discrepancies in evidence warrant acquittal.
The prosecution must prove allegations of sexual assault beyond reasonable doubt; inconsistencies in the victim's statements and lack of corroborative evidence resulted in acquittal.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The prosecution must prove foundational facts beyond reasonable doubt; reliance solely on the victim's testimony is insufficient if unsupported by corroborative evidence.
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
In sexual assault cases under the POCSO Act, the prosecution must provide overwhelming evidence beyond the victim's testimony, which must be credible and consistent.
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