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CHANDRA SHEKHAR JHA
Pradeep Srivastava, S/o. Lalan Srivastava – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Chandra Shekhar Jha, J.)
Heard Mr. Sudhir Kumar Singh, learned counsel appearing on behalf of the appellant and Mrs. Anita Kumari Singh, Additional Public Prosecutor for the State.
2. The present memo of appeal has been filed for setting-aside the judgment of conviction dated 28.01.2023 and order of sentence dated 09.02.2023 passed by learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari in connection with P.Tr. No. 14/2020 arising out of Turkauliya (Banjariya) P.S. Case No. 850 of 2019, whereby and whereunder the learned trial court has awarded with rigorous imprisonment of ten (10) years with a fine of Rs. 20,000/- under Section 4(1) of the POCSO Act, in default of payment of fine, S.I. of one month. Further, convict is ordered to undergo S.I. of five (5) years with a fine of Rs. 10,000/- under Section 10 of the POCSO Act, in default of payment of fine, S.I. of fifteen (15) days. Further, the learned trial court convicted the appellant to undergo imprisonment of seven (7) years with a fine of Rs. 10,000/- for the offence under Section 363 of the Indian Penal Code and in default of payment of fine, convict is ordered to undergo S.I.
The prosecution failed to establish the victim's age as a child under the POCSO Act, leading to the quashing of the conviction due to insufficient evidence and credibility issues.
The conviction was quashed due to insufficient evidence and credibility issues with the victim, highlighting the necessity of establishing a solid evidentiary foundation in sexual assault cases.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
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