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ASHUTOSH KUMAR, JITENDRA KUMAR
Soni Kumari, D/o. Ranjit Kumar Singh @ Ranjit Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Jitendra Kumar, J.)
The present appeal has been preferred by the victim/informant and her father impugning the judgment dated 07.03.2019 passed by the learned Additional Sessions Judge-Ist-cum-Special Judge (POCSO Act), Sitamarhi in Trial No.25 of 2017, arising out of Sursand P.S. Case No. 129 of 2017, whereby respondent No. 2 viz., Sanjiv Kumar Singh has been acquitted of charges framed under Sections 376 and 506 of the Indian Penal Code and Sections 4 and 12 of the POCSO Act.
2. The prosecution case as emerging from the written report of the victim/informant addressed to Officer-in-charge, Sursand Police Station, District-Sitamarhi is that the victim is aged about 14 years. On 12.05.2017 her father had gone to Sursand market and mother had gone to Anganwari Centre and she was alone at home. Her house is situated on the boundary of the village. In the meantime, at 12 O’clock her neighbour Sanjiv Kumar Singh, who is respondent no.2 herein, entered into her courtyard and forcibly took her in room. When she raised voice, her mouth was closed by him by putting his hand and he started committing rape upon her. Despite efforts, she could not raise voice because her mouth was
The prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
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 prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
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.
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