Back
JITENDRA KUMAR
Pramod Chaudhary Son of Bharat Choudhary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
The present appeal has been preferred against the impugned judgment and order of sentence both dated 11.01.2016 whereby the sole appellant has been found guilty under Section 376 read with Section 511 of the Indian Penal Code and Section 8 of the POCSO Act and sentenced to rigorous imprisonment for 10 years and to pay fine of Rs.50,000/- under Section 376/511 of the Indian Penal Code and rigorous imprisonment for five years and to pay fine of Rs.50,000/- under Section 8 of the POCSO Act. In case of default to pay the fine he has been directed to undergo additional simple imprisonment for six months under each Section.
Prosecution case.
2. The prosecution case as emerging from the written report of the victim is that she was 15 years of age and in the night of 7/8th of August, 2014 she was sleeping alone on roof of her house. At 1:00 O’clock in the night, all of a sudden, appellant Pramod Chaudhary living in the neighbouring house came to her and sat beside her and wanted to untie the string of her payjama with ill intent. She got awake and raised hulla and the appellant fled away from the roof.
Factual background.
3. On the basis of the written report, formal F.I.R. was lodge
The court ruled that contradictions in the victim's testimony rendered the prosecution's case unreliable, leading to the appellant's acquittal.
The need for strong, compelling, and reliable evidence to prove the guilt of the accused in a criminal case, and the distinction between the trial of Sessions case and the trial held before the Judic....
The absence of penetration negates conviction under Section 376/511, but the act of attempting to outrage modesty warrants conviction under Section 354 IPC.
The court affirmed that prior legal standards apply to convictions, emphasizing the necessity of valid evidence and proper assessment of child witnesses' competency in sexual assault cases.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The prosecution's burden was not met due to substantial inconsistencies in witness testimonies; thus, a conviction was unjustified.
The main legal point established in the judgment is the reliance on corroborative evidence, including medical reports and witness testimony, to establish the commission of sexual offences. Additional....
The testimony of a minor victim in sexual assault cases can be sufficient for conviction if it inspires confidence, regardless of corroborative medical evidence.
The victim's testimony does not require corroboration if it inspires confidence and is found to be worthy of credence. The burden is on the accused to disprove the prosecution case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
