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ASHUTOSH KUMAR, NAWNEET KUMAR PANDEY
Banarasi Sah, S/o. Late Jamuna Sah – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Ashutosh Kumar, J.)
1. Heard Mr. Ajay Kumar Thakur, the learned Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.
2. The appellant has been convicted for the offences under Sections 376(3) of the IPC and Sections 4 & 6 of the POCSO Act, 2012 by judgment dated 27.03.2023 passed by the learned Additional District & Sessions Judge-VII-cum-Special Judge, POCSO, Bettiah (West Champaran) in POCSO Case No. 28 of 2019 arising out of Sathi P.S. Case No. 23 of 2019. By order dated 03.04.2023, he has been sentenced to undergo R.I. for 20 years for the offence under Section 376(3) of the IPC; R.I. for 10 years for the offence under Section 4 of the POCSO Act, 2012 and R.I. for 10 years for the offence under Section 6 of the POCSO Act, 2012. Apart from that a fine of Rs. 20,000/-has been imposed, which has been directed to be paid to the victim. The sentences, however, have been directed to run concurrently.
3. The victim of the case, a 14 years old girl was allegedly raped and impregnated by the appellant for which a case was lodged when the victim was carrying a pregnancy of 26 weeks.
4. The father of the victim, namely, Lal Babu Sah (PW3) lodged t
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 established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, even in the absence of corroborative medical evidence, provided it is credible and cons....
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 court upheld the conviction for rape under IPC and POCSO Act, emphasizing the credibility of the victim's testimony and the need for sensitivity in child sexual assault cases.
In sexual offence cases, the prosecution must prove allegations beyond reasonable doubt, and the victim's testimony must be credible; inconsistencies can lead to acquittal.
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 failed to prove the victim's age and the occurrence of sexual intercourse, leading to the acquittal of the appellant.
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 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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