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ASHUTOSH KUMAR, RAJESH KUMAR VERMA
Abid Ansari – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—All the three appeals have been heard together and are being disposed of by this common judgment.
2. We have heard Shri Arun Kumar, the learned Advocate for the appellant / Abid Ansari in Cr. Appeal (DB) No. 409/2022; Mr. Vindhyakeshari Kumar, the learned Senior Advocate assisted by Mr. Neeraj Kumar @ Sanidh for the appellants/ Prashant Gupta and Nishant Gupta in Cr. Appeal (DB) No. 422 of 2022; and Ms. Akansha Ranjan, the learned Advocate for the appellant / Pintu Gupta in Cr. Appeal (DB) No. 522/2022. The State in all the three appeals has been represented by Mr. Ajay Mishra, the learned APP.
3. The appellants have been convicted for the offences under Sections 376(D), 323/34 and 341 /34 of the IPC and Section 6 of the POCSO Act, 2012 by judgment dated 25.04.2022 passed by the learned 7th Additional Sessions Judge -cum-Special Judge, POCSO (W), Muzaffarpur in G.R. No. 84/19 (Mahila P.S. Case No. 46/19). By order dated 26.04.2022, they have been sentenced to undergo R.I. for 20 years, to pay a fine of Rs. 50,000/- each and in default of payment of fine, to further suffer S.I. for one year for the offences under Sections 376 (D) of the IPC and Section 6 of the POCS
A delayed FIR and procedural lapses in investigation undermine prosecution's case, leading to the acquittal of the accused when doubt arises.
The prosecution must prove its case beyond reasonable doubt; inconsistencies in the victim's testimony and lack of corroborative evidence led to the acquittal of the appellant.
The court acquitted the appellants due to insufficient evidence and inconsistencies in the victim's testimony, emphasizing the need for credible proof in sexual offense cases.
The statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
The court upheld the conviction for rape under IPC and POCSO Act, emphasizing the credibility of the victim's testimony and the need for sensitivity in child sexual assault cases.
Doctor is not an expert to say whether rape was committed or not. Non-resistance by victim at the time of penetration would not make her a consenting party.
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