CHANDRA SHEKHAR JHA
Ravi Kumar – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—At the outset, it is important to mention that this matter was taken on board under the caption of “For Orders” where initially prayer of bail and suspension of sentence under Section 389(1) of the Cr.P.C. was raised by learned counsel appearing on behalf of the appellant but after short argument, it is submitted that he is ready for final argument in this matter, which was not objected by learned APP and therefore, this matter was finally heard under aforesaid caption. Submission for final hearing was raised mainly in view of Section 374(4) of the Cr.P.C., where every such appeal is to be decided within six months of its filing.
2. The present appeal preferred by appellant/ convict Ravi Kumar against judgment of conviction dated 27.01.2023 and the impugned order of sentence dated 09.02.2023 passed by the learned Additional District and Sessions Judge VIth-cum-Special Judge, POCSO Act, Samastipur in T.R. 248 of 2023, R.N. 157 of 2022 arising out of Bibhutipur P.S. Case No. 224 of 2022 whereby and whereunder the appellant/convict has been convicted and sentenced to undergo R.I. for ten years and fine of Rs. 20,000/- (Rupees twenty thousand only) for the offenc
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.
The prosecution must establish its case beyond reasonable doubt, particularly in POCSO cases, where inconsistencies in evidence can invalidate the presumption of guilt.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution must establish the victim's age and provide corroborative evidence in cases involving allegations under the POCSO Act; a conviction cannot be based solely on the uncorroborated testim....
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
Penetrative sexual assault on girl – Age of victim is a crucial factor in POCSO cases.
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