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VIPUL M. PANCHOLI, ANSHUMAN
Ashok Mahto – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Code’) challenging the judgment of conviction dated 17.08.2019 and order of sentence dated 22.08.2019 passed by learned Additional Sessions Judge-1st-cum-Special Judge, POCSO Act, Vaishali, Hajipur in G.R. No. 1908 of 2017, arising out of Town P.S. Case No. 304 of 2017, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Section 376(2)(N) of the Indian Penal Code (hereinafter referred to as I.P.C.) and Section 4 and 6 of POCSO Act. Considering the provisions of Section 42 of POCSO Act, he has been sentenced to undergo R.I. for 12 years for the offence under Section 6 of POCSO Act along with a fine of Rs. 50,000/- and, in default of payment of fine, he has been sentenced to undergo S.I. for six months. However, there is no separate order of sentence for offence under Section 4 of the POCSO Act. He has been directed to pay 95% amount of fine to the victim and 5% to Government.
2. The crux of the prosecution story is as under:—
2.1. The victim is a student of Standard-VII of Awadh Bihari School.
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 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 court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The central legal point established in the judgment is that in cases involving minors, the credibility of the victim's testimony holds significant weight, and corroboration may not always be necessar....
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