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CHANDRA SHEKHAR JHA
Amit Kumar – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—The present appeal preferred by appellant/ convict Amit Kumar against judgment of conviction dated 02.12.2022 and the impugned order of sentence dated 05.12.2022 passed by the learned Additional District and Sessions Judge VII-cum-Exclusive Special Judge (POCSO Act), Patna, in CIS No. Special (POCSO) Case No. 30 of 2019, arising out of Bihta P.S. Case No. 214 of 2019 whereby and whereunder the appellant/convict has been convicted for the offences under Section 376(2)(f) of the Indian Penal Code and Section 6 of the POCSO Act and sentenced him to undergo R.I. for ten years and fine of Rs. 30,000/- (Rupees thirty thousand only) for the offence under Section 6 of the POCSO Act and in default of payment of fine, he shall further undergo two months of R.I.
2. The crux of prosecution case, as it appears from the written information of the informant, namely, Pinki Devi (PW-3) that the accused/appellant was giving tuition to her daughter aged about 6 years since last three years usually between 4-5 P.M. at her house. On 23.02.2019 appellant was teaching to her daughter and son alongwith three other childrens of locality as usual. In due course of teaching, he asked h
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....
The prosecution failed to establish the case beyond reasonable doubt due to contradictions in the victim's testimony and lack of corroborative medical evidence.
The central legal point established in the judgment is the requirement for conclusive evidence to establish the commission of offenses, especially in cases involving serious allegations such as rape,....
The court upheld the conviction under the POCSO Act based on strong testimonial and medical evidence, affirming that negative DNA results do not undermine the prosecution's case.
The prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
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