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CHANDRA SHEKHAR JHA
Shyam Sundar Sharma, Son Of Yogendra Sharma – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Chandra Shekhar Jha, J.)
Heard the parties.
2. This appeal has been preferred by the appellant/convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging impugned the judgment of conviction dated 29.04.2023 and order of sentence dated 04.05.2023 passed by learned Additional District and Sessions Judge-VI- cum Special Judge, POCSO, Madhubani in POCSO G.R. Case No. 44 of 2021 (arising out of Rajnagar Police Station Case No. 176 of 2021) whereby the concerned Trial Court has convicted the appellant/convict for the offences punishable under Section 376, 506 of the IPC and Section 4 of the POCSO (in short Protection of Children from Sexual Offences) Act and he has been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 10,000/- (Rupees Ten Thousand) and in default of payment of fine, further undergo simple imprisonment for three months for the offence punishable under Section 4 of the POCSO Act (read with 376 of the IPC as per provision of Section 42 of the POCSO Act). Further the convicts sentenced to undergo R.I. for six months and fine of Rs. 3,000/- and in default of payment of fine, further unde
The prosecution failed to establish the case beyond reasonable doubt due to contradictions in the victim's testimony and lack of corroborative medical evidence.
The prosecution must establish the victim's age and provide corroborative evidence in cases involving allegations under the POCSO Act; a conviction cannot be based solely on the uncorroborated testim....
The court upheld the conviction for sexual assault on a minor, emphasizing the reliability of the victim's testimony and corroborating evidence despite challenges regarding delay and medical findings....
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
The prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
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,....
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The conviction was quashed due to insufficient evidence and credibility issues with the victim, highlighting the necessity of establishing a solid evidentiary foundation in sexual assault cases.
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