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ASHUTOSH KUMAR, RAJESH KUMAR VERMA
Muskan Kumari Daughter of Anil Kumar Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Ashutosh Kumar, J.
Sanjeev Kumar Singh and Raju Singh have preferred Cr. App (SJ) No. 3159 of 2023, in which the prayer for suspension of sentence was rejected by a learned Single Judge of this Court.
2. The prosecutrix of this case has also preferred Cr. App (DB) No. 207 of 2024 against the same judgment under Section 372 of the Cr.P.C. with a grievance that conviction of the aforenoted two appellants has only been recorded in lesser offences.
3. Since the appeal under Section 372 of the Cr.P.C., referred to above, was listed before a Division Bench, the Cr. App (SJ) No. 3159 of 2023 of Sanjeev Kumar Singh and Raju Singh was also tagged along with the appeal under Section 372 of the Cr.P.C. by the prosecutrix.
4. We have heard both the appeals together.
5. Appellants/Sanjeev Kumar Singh and Raju Singh [Cr. App (SJ) No. 3159 of 2023] have been represented by Mr. S.K. Lal, assisted by Mr. Ravish Mishra, learned Advocates. Mr. Rajendra Narayan, learned Senior Advocate has appeared for the prosecutrix in Cr. App (DB) No. 207 of 2024.
6. The State is represented by Mr. Mukeshwar Dayal, learned APP.
7. We propose to deal with the appeal of appellants/Sanjeev Kumar Singh and Raju Sing
The court acquitted the appellants due to insufficient evidence and inconsistencies in the victim's testimony, emphasizing the need for credible proof in sexual offense cases.
Doctor is not an expert to say whether rape was committed or not. Non-resistance by victim at the time of penetration would not make her a consenting party.
The prosecution must prove foundational facts beyond reasonable doubt, and the presumption of guilt under the POCSO Act does not relieve it of this burden.
Credible testimony of the victim in sexual assault cases can suffice for conviction even without corroborating medical evidence, particularly in gang rape situations where evidence may be challenging....
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