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ASHUTOSH KUMAR, JITENDRA KUMAR
Vijay Das Son of Ganesh Das – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Ashutosh Kumar, J.
Heard Mr. Rakesh Kumar Srivastava, learned Advocate for the sole appellant and Mr. Abhimanyu Sharma, learned APP for the State.
2. The appellant has been convicted under Sections 376 (AB) and 341 of the IPC and Section 6 of the POCSO Act vide judgment dated 25.08.2023 passed by the learned Special Judge, POCSO Act, Darbhanga in POCSO G.R. No. 57 of 2018/Registration No. 57/2018, arising out of Kamtaul P.S. Case No. 346 of 2018. By order dated 29.08.2023, he has been sentenced to undergo R.I. for 20 years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer S.I. for six months for the offence under Sections 376 (AB) of the IPC. For the offence under Section 341 of the IPC, the appellant has been sentenced to undergo S.I. for one month, to pay a fine of Rs. 500/- and in default of payment of fine, to further undergo S.I. for one week. For the offence under Section 6 of the POCSO Act, 2012, the appellant has again been sentenced to undergo R.I. for 20 years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer S.I. for six months.
3. All the aforenoted sentences have been directed to run concurrentl
In sexual offence cases, the prosecution must prove allegations beyond reasonable doubt, and the victim's testimony must be credible; inconsistencies can lead to acquittal.
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 established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, even in the absence of corroborative medical evidence, provided it is credible and cons....
The prosecution failed to prove the case beyond reasonable doubt, leading to the appellant's acquittal due to significant doubts regarding witness credibility and procedural violations.
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 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 prosecution failed to prove the victim's age and the occurrence of sexual intercourse, leading to the acquittal of the appellant.
The court emphasized that delays in lodging complaints, inconsistencies in witness testimonies, and lack of corroborative medical evidence can lead to the acquittal of an accused under sexual offense....
The prosecution must prove its case beyond reasonable doubt for a conviction under the POCSO Act and IPC; mere age of the victim is insufficient without credible evidence.
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