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CHANDRA SHEKHAR JHA
Monu Kumar @ Abhishek Kumar – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—At the outset, it is important to mention that this appeal was taken on board under the caption “For Orders” where initially prayer of bail and suspension of sentence under Section 389(1) of the Code of Criminal Procedure (for short ‘Cr.P.C’). on behalf of appellant no.1, namely, Sonu Kumar @ Abhishek Kumar was raised through memo of appeal itself, where learned counsel for the appellant after short argument submitted as not to press the prayer of bail and suspension of sentence, accordingly, same stands dismissed for the present. However, learned counsel for the appellants requested for final hearing of the appeal, which was not objected by learned APP for the State and learned counsel for the informant and, therefore, this appeal was finally heard under aforesaid caption in view of Section 374(4) of the Cr.P.C., as the appellant no.1 convicted under Section 4 of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’) along with Section 376 of the Indian Penal Code (for short ‘I.P.C.’).
2. This appeal has been preferred by the appellant/convict under Section 374(2) of the Cr.P.C. challenging the impugned judgment of conviction dated 04.07
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
The court ruled that the prosecution failed to prove the minor status of the victim beyond a reasonable doubt, undermining the conviction under the POCSO Act.
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
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 must establish its case beyond reasonable doubt, particularly in POCSO cases, where inconsistencies in evidence can invalidate the presumption of guilt.
The prosecution failed to prove the victim's age and the occurrence of sexual intercourse, leading to the acquittal of the appellant.
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