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CHANDRA SHEKHAR JHA
Sunil Kumar @ Sunil Kumar Jha, Son of Ram Kumar Jha – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Chandra Shekhar Jha, J.)
Heard learned counsel for the appellant-original informant and Mrs. Abha Singh, learned A.P.P. for the State and learned counsel for the respondent no. 2.
2. The present appeal has been filed under Section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) by the appellant-original informant against the impugned judgment and order of acquittal dated 21.03.2023 passed by learned Additional District & Sessions Judge-VIth-cum–Special Judge, POCSO Act, Samastipur in connection with T.R. No. 28/23 @ POCSO Trial No. 28/2023 arising out of Tajpur P.S. Case No. 62 of 2014 registered under Section 447, 341, 323, 504, 506/34 of the Indian Penal Code and under Section 10 of the POCSO Act, whereby and whereunder the learned Judge has pleased to acquit accused/respondent no. 2.
3. The brief facts of the case is that on 03.03.2014, the respondent no. 2 allured the five years old daughter of the appellant-original informant and taken away in tobacco field and misbehaved with her after undressing her, while she was playing at about 4 P.M. The daughter of the appellant-original informant came house crying and narrated the whole
The prosecution must establish the victim's age as a child under the POCSO Act to invoke statutory presumptions, and the appellate court respects the presumption of innocence in acquittal cases.
The prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
The court affirmed that acquittal is upheld when prosecution fails to establish charges beyond reasonable doubt, especially concerning the victim's age and identity of the biological father.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution failed to establish the victim's age as a child under the POCSO Act, leading to the quashing of the conviction due to insufficient evidence and credibility issues.
The prosecution must prove foundational facts, including the victim's age and the occurrence of the alleged crime, beyond reasonable doubt for a conviction under the POCSO Act.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
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