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CHANDRA SHEKHAR JHA
Satish Singh Son of Rajanath Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
At the outset, on the request of learned counsel for the appellant, the matter is being taken up for final hearing in view of provision available under Section 374(4) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’), which has also not been objected by learned APP for the State.
2. This appeal has been preferred by the appellant/convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the judgment of conviction dated 18.05.2022 and order of sentence dated 21.05.2022 passed by learned Additional Sessions Judge, VI cum-Special Judge, POCSO Act, Kaimur at Bhabua in POCSO Case/Registration No. 11 of 2018 (arising out of Mahila Bhabua P.S. Case No. 21 of 2018), whereby the concerned Trial Court has convicted the appellant/convict for the offences punishable under Section 10 of the POCSO (in short Protection of Children from Sexual Offences) Act, where he has been sentenced to undergo rigorous imprisonment for five years alongwith fine of Rs. 5,000/- and in default of payment of fine, further undergo rigorous imprisonment for three months for the aforesaid Section.
3. The case of prosecution in bri
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
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....
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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 sufficiency of the testimony of a child witness in convicting an accused and the need for careful evaluation of the testimony, emphasizing the reliability of the witness.
The conviction under Section 6 of the POCSO Act was overturned due to discrepancies in the victim's testimony and lack of evidence proving the appellant's direct involvement in the alleged acts.
The testimony of a child witness can be relied upon if corroborated by other evidence, and the presence of support persons does not imply tutoring.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
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