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ASHUTOSH KUMAR, RAJESH KUMAR VERMA
Modassir Khan @ Md. Modassir Khan son of Moju Khan @ Mozalim Khan @ Md. Mozammil Khan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Ashutosh Kumar, J.
1. All the three appeals have been heard together and are being disposed of by this common judgment.
2. We have heard Ms Vaishnavi Singh, the learned Advocate for the appellants/Modassir Khan @ Md. Modassir Khan in Cr. Appeal (DB) No .1018 of 2023 and Aftab Khan @ Kaku Khan in Cr. Appeal (DB) No. 1085/2023 and Mr. Manish Kumar No. II for Zaidi Khan in Cr. Appeal (DB) No. 1141/2023. The State in all the three appeals has been represented by Mr. Parmeshwar Mehta, the learned APP.
3. The appellants have been convicted for the offences under Sections 323, 341, 376(DA) and 506 of the IPC and Sections 6 of the POCSO Act, 2012 by judgment dated 24.08.2023 passed by the learned Special Judge, POCSO Court -cum-Additional District & Sessions Judge -VI, Gaya in POCSO Case No. 34/2023 arising out of Mahila P.S. Case No. 113 of 2022. By order dated 04.09.2023, they have been sentenced to undergo R.I. for one year for the offence under Sections 323 IPC; S.I. for one months for the offence under Section 341 IPC; R.I. for five years for the offence under Section 506 IPC and R.I. for remainder of their lives along with a fine of Rs. 10,000/- each and in default of payment
The prosecution must prove its case beyond reasonable doubt; mere allegations without corroborative evidence are insufficient for conviction.
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 prove its case beyond reasonable doubt, and inconsistencies in the victim's testimony and lack of corroborative evidence can lead to the reversal of conviction.
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.
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 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....
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