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CHANDRA SHEKHAR JHA
Md. Amin – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—The present appeal preferred by appellant/convict Md. Amin against judgment of conviction dated 18.09.2023 and the impugned order of sentence dated 22.09.2023 passed by the learned Exclusive Special Judge (POCSO Act)-cum-Addl. District & Sessions Judge-VII, Bhagalpur, in POCSO Case No. 86 of 2021 arising out of Kharik P.S. Case No. 69 of 2021, whereby and whereunder the appellant/convict has been convicted for the offences under Sections 363 and 376 of the Indian Penal Code and Section 4 of the POCSO Act and ordered to undergo sentence for R.I. of ten years and fine of Rs. 20,000/- (Rupees twenty thousand only) for the offence under Section 4 of the POCSO Act and in default of payment of fine, he shall further undergo six months of S.I. Further sentenced him to undergo R.I. for five years and fine of Rs. 10,000/- (Rupees ten thousand only) for the offence under Section 363 of the Indian Penal Code and in default of payment of fine, he shall further undergo three months of S.I.
2. The crux of prosecution case, as it appears from the written information of the informant, namely, Manoj Thakur (PW-1) that on 08.04.2021 at about 9:00 AM, his minor daughter went on
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 conviction was quashed due to insufficient evidence and credibility issues with the victim, highlighting the necessity of establishing a solid evidentiary foundation in sexual assault cases.
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....
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
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