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ASHUTOSH KUMAR, SUNIL DUTTA MISHRA
Vikash Sah, Son of Bhikhari Sah – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Ashutosh Kumar, J.)
Heard Mr. Nachiketa Jha, the learned Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.
2. The sole appellant/Vikash Sah stands convicted for the offences under Section 376(1) of the Indian Penal Code (in short the I.P.C.) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short the POCSO Act, 2012) vide judgment dated 23.08.2019 passed by the learned Additional District & Sessions Judge-I-Cum-Special Judge, POCSO Act, Saran at Chapra in POCSO Case No. 5 of 2018/C.I.S. No. 39 of 2017, arising out of Mashrakh P.S. Case No. 302 of 2017. By order dated 28.08.2019, he has been sentenced to undergo rigorous imprisonment for life, to pay a fine of Rs. 50,000/-for the offence under Section 4 of the POCSO Act, 2012. In default of payment of fine, he has further been directed to undergo imprisonment for three months.
3. The victim, a seventeen years old girl, is said to have been raped by the appellant, who is her next door neighbour.
4. The occurrence had taken place on 03.08.2017. However, the report regarding the same was lodged on 24.10.2017.
5. The victim herself had initiated the case.
6. The wr
The court affirmed that the victim's age and the nature of the crime negate any claims of consent, upholding the conviction based on sufficient evidence.
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
Credible evidence is essential for conviction; significant delays and investigation failures can undermine the prosecution's case.
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 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 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 the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The prosecution failed to prove charges of kidnapping and sexual assault due to inconsistencies in the victim's testimony and a significant delay in reporting the incident, leading to the acquittal o....
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