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ASHUTOSH KUMAR, JITENDRA KUMAR
Md. Sahbaz, Son Of Md. Ekram – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Ashutosh Kumar, J.)
1. We have heard Mr. Rajive Ranjan Singh who has been assisted by Mr. Amit Ranjan, the learned advocates for the appellant and Mr. Abhimanyu Sharma, learned Additional Public Prosecutor for the State.
2. The sole appellant stands convicted under Section 376 of the IPC and Section 4 of the POCSO Act vide judgment dated 15.09.2023 passed by the learned Exclusive Special Court (POCSO Act)-cum-VIIth Additional Sessions Judge, Bhagalpur in POCSO Case No. 123 of 2022. By order dated 23.03.2023, he has been sentenced to undergo RI for 20 years, to pay a fine of Rs. 20,000/-for the offence under Section 4 (2) of the POCSO Act and in default of payment of fine, the appellant has been directed to suffer further simple imprisonment for six months. The amount of fine has been directed to be paid to the victim or to her parents. No separate sentence has been awarded under Section 376 of the IPC in the light of the provision of Section 42 of the POCSO Act, 2012. The Trial Court has also directed for payment of compensation of Rs. 3,00,000/-to the victim by the State from the victim compensation fund or other scheme of fund established for rehabilitating her.
3. Th
The absence of medical evidence does not negate the credibility of a victim's testimony in sexual assault cases, and minor inconsistencies do not render it untrustworthy.
The court acquitted the appellant due to doubts regarding the victim's age and inconsistencies in the prosecution's evidence, emphasizing the principle of benefit of doubt.
The prosecution must provide credible evidence beyond reasonable doubt in sexual assault cases; inconsistencies in witness testimony and absence of corroborative evidence can lead to acquittal.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
The importance of proving the victim's age and the need for corroboration of the victim's testimony in cases of sexual offences.
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.
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
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