Back
RAJEEV RANJAN PRASAD, ASHOK KUMAR PANDEY
Md. Kamal @ Tenny @ Tenia – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—Heard Mr. Ajay Kumar Thakur, learned counsel for the appellants in Cr. Appeal (DB) No. 129 of 2017 and Cr. Appeal (DB) No. 176 of 2017, Mr. Mohammad Minnatullah, learned counsel for the appellant in Cr. Appeal (DB) No. 295 of 2017 as also Ms. Shashi Bala Verma and Mr. Ajay Mishra, learned Additional Public Prosecutors for the State.
2. We had issued notice to the victim and the said notice was received by her mother. Even though she has entered appearance through Advocate but no one has appeared either yesterday or today in course of hearing of the appeal.
3. These three appeals are arising out of the judgment of conviction dated 13.12.2016 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 21.12.2016 (hereinafter referred to as the ‘impugned order’) passed by learned 1st Additional Sessions Judge, Patna (hereinafter referred to as the ‘learned trial court’) in Special (POCSO) Case No. 14 of 2014.
By the impugned judgment, the appellant, namely, Md. Kamal @ Tenny @ Tenia has been found guilty of the charges under Sections 363/34, 302/34, 201, 376A, 376D of the Indian Penal Code (in short ‘IPC’) and Section 4 of the Protection
Confessions made voluntarily and without pressure under Section 164 of Cr.P.C. are admissible as evidence.
Confessions made in police custody are inadmissible unless recorded in the presence of independent witnesses and linked to the discovery of evidence, highlighting the necessity for proper procedural ....
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.
Provisions of Section 164 Cr.P.C must be complied with not only in form, but in essence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
