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ASHUTOSH KUMAR, RAJESH KUMAR VERMA
Kamlesh Kumar, S/o. Jawahar Sao – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Ashutosh Kumar, J.)
Heard Mr. Ajay Kumar Thakur, the learned Advocate for the sole appellant and Mr. Abhimanyu Sharma, the learned Additional Public Prosecutor for the State.
2. The appellant has been convicted for the offences under Sections 376 and 379 of the Indian Penal Code and under Section 4(2) of the POCSO Act, 2012, vide judgment of conviction dated 23.05.2023 passed by learned Additional District Judge-VII-cum-Special Judge, POCSO, Patna, in Case No. CIS No. Special (POCSO) Case No. 42 of 2021, arising out of Dhanarua P.S. Case No. 76 of 2021. By order dated 31.05.2023, the appellant has been sentenced to undergo imprisonment for three years, to pay a fine of Rs. 5,000/-and in default of payment of fine, to further undergo imprisonment for two months under Section 379 of the IPC and in view of Section 42 of the POCSO Act to undergo R.I. for twenty years, to pay a fine of Rs. 30,000/-and in default of payment of fine, to further suffer imprisonment for two months for the offence punishable under Section 4(2) of POCSO Act.
3. The victim, who claims herself to be of fourteen years was allegedly forcibly taken away to a lonely house in Jehanabad and raped by the ap
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 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 case beyond reasonable doubt, leading to the appellant's acquittal due to significant doubts regarding witness credibility and procedural violations.
The court acquitted the appellant due to doubts regarding the victim's age and inconsistencies in the prosecution's evidence, emphasizing the principle of benefit of doubt.
The court emphasized that delays in lodging complaints, inconsistencies in witness testimonies, and lack of corroborative medical evidence can lead to the acquittal of an accused under sexual offense....
The prosecution must prove its case beyond reasonable doubt; mere allegations without corroborative evidence are insufficient for conviction.
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 prove its case beyond reasonable doubt; inconsistencies in the victim's testimony and lack of corroborative evidence led to the acquittal of the appellant.
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