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ASHUTOSH KUMAR, JITENDRA KUMAR
Manjit Ram @ Manjit Kumar, Son of Shiv Narayan Ram – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Jitendra Kumar, J.)
The present appeal has been preferred against the impugned judgment of conviction and order of sentence dated 22.09.2018 and 24.09.2018, respectively passed by Ld. Additional District and Sessions Judge-Ist-cum-Special Judge (POCSO), Kaimur at Bhabhua in POCSO Trial Registration No. 21 of 2017, arising out of Bhabhua Mahila P.S. Case No. 34 of 2017, whereby the sole appellant has been found guilty of offence punishable under Sections 376(2)(i) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act and sentenced to undergo R.I. for 15 years and to pay a fine of Rs. 50,000/- under Section 376(2)(i) of the I.P.C. In case of default to pay the fine, he has been ordered to undergo additional R.I. for six months. But no sentence was passed under Section 4 of the POCSO Act.
2. On the basis of the written report, Bhabhua Mahila P.S Case No. 34 of 2017 was registered on 15.05.2017 against the sole appellant for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act, 2012.
3. The prosecution case as emerging from the written report of the informant/Mithlesh Ram addressed to O
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 prove foundational facts, including the victim's age, beyond reasonable doubt, even under statutory presumptions of the POCSO Act.
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 the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
The central legal point established in the judgment is the requirement for conclusive evidence to establish the commission of offenses, especially in cases involving serious allegations such as rape,....
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