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ASHUTOSH KUMAR, JITENDRA KUMAR
Md. Mahmood Alam – Appellant
Versus
State of Bihar – Respondent
The judgment holds the following regarding child victims' rights and child-friendly procedures:
Child victims have a right to a child-friendly procedure throughout investigation and trial, including recording of statements by a sensitive woman police officer in the presence of parents/guardian or trusted person, preferably at the child's residence or shelter home, avoiding police station premises. (!) (!) (!)
Section 24 POCSO mandates recording child's statement in a child-friendly manner, using simple, non-leading questions, with audio-video electronic means where feasible, to minimize trauma. (!) (!) (!)
Trial courts must adopt child-friendly trial practices: permitting child to testify via video-conferencing or behind one-way mirror/screen to prevent confrontation with accused; avoiding aggressive cross-examination; presence of support persons; and ensuring no disclosure of child's identity. (!) (!) (!) (!) (!)
Child victims' right to privacy and dignity is paramount; courts must prohibit publication of material identifying the child, and expunge such details from records. (!) (!)
Right to free legal aid and support services for child victims from the inception of proceedings, including psychological assistance if needed. (!) (!)
Delays in trial for child victims must be minimized; adjournments granted sparingly, prioritizing expeditious disposal under Section 35 POCSO. (!) (!)
Jitendra Kumar, J.—The present appeal has been preferred against the judgment of conviction and order of sentence dated 25.03.2022 and 29.03.2022 respectively passed by learned Additional District & Sessions Judge-VII,-cum-Exclusive Special Court (POCSO) Act, Sasaram, Rohtas in POCSO Case No. 25 of 2015, arising out of Tilauthu P.S. Case No. 385 of 2014, whereby the sole Appellant has been found guilty of offence punishable under Section 376 I.P.C. and Section 5/6 of the POCSO Act, 2012. However, the appellant has not been sentenced under Section 376 of the Indian Penal Code and instead he has been sentenced to undergo rigorous imprisonment for the remainder of natural life and to pay a fine of Rs.50,000/- under Section 6 of the POCSO Act and in case of default to pay the fine, to further undergo additional simple imprisonment for one year. The victim has been also awarded compensation of Rs.4,00,000/- towards her rehabilitation to be paid by DLSA Rohtas at Sasaram.
Prosecution case.
2. The prosecution case as emerging from the written report of the informant given to the Officer-in-Charge of Tilauthu Police Station on 6.5.2014 is that on 04.05.2014, his 10 year old niece was taken b
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
The prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
The prosecution must prove foundational facts, including the victim's age, beyond reasonable doubt, even under statutory presumptions of the POCSO Act.
The prosecution must prove foundational facts, including the victim's age and the occurrence of the alleged crime, beyond reasonable doubt for a conviction under the POCSO Act.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
School certificate determines minor's age preferentially; POCSO conviction upheld on credible victim testimony despite delay, contradictions (unproved), negative medicals; presumption activated post ....
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