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ASHUTOSH KUMAR, JITENDRA KUMAR
Santu Paswan @ Sintu Paswan, Son of Bhim Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Ashutosh Kumar, J.)
Heard the learned counsel for the parties.
2. The sole appellant/Santu Paswan @ Sintu Paswan been convicted for the offences under Section 376 of the Indian Penal Code (in short the IPC) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short the POCSO Act, 2012) vide judgment dated 05.12.2023 passed by the learned Addl. Sessions Judge-I-Cum-Special Court, S.C./S.T. & POCSO Act, Jamui in POCSO Case No. 38 of 2022, arising out of Jhajha P.S. Case No. 337 of 2022. By order dated 11.12.2023, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 25,000/-and in default of payment of fine, to further suffer R.I. for a period of two years for the offence under Section 4 of the POCSO Act, 2012.
3. The victim (P.W. 1), who claimed to be of sixteen years of age at the time of the occurrence, has alleged that she was enticed away by the appellant, who kept her in confinement for two days, i.e., from 10.08.2022 to 12.08.2022, and during this period, she was raped by him. Later, the appellant is said to have brought her near the village road and left her there.
4. The F.I.R. has been lodged by the mother of the v
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 prosecution failed to prove the victim's age and the occurrence of sexual intercourse, leading to the acquittal of the appellant.
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 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 conclusively establish the victim's age under the POCSO Act, and inconsistencies in the victim's testimony can undermine the case against the accused, warranting acquittal.
The victim's testimony in cases of sexual offenses against young victims stands on a higher pedestal and may not always require corroboration if found to be trustworthy.
The credibility of the victim's testimony and the corroboration of her account by other witnesses are crucial in cases of sexual offences involving minors.
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 statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
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