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ASHUTOSH KUMAR, NAWNEET KUMAR PANDEY
Ravindra Singh – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—Both the appeals have been taken up together and are being disposed off by this common judgment.
2. We have heard Mr. Chandra Mohan Singh, the learned counsel for the appellant/Ravindra Singh in Cr. Appeal (DB) No. 653 of 2023 and Mr. Diwakar Prasad Singh, the learned counsel for the appellant/Ruksad @ Rukshad in Cr. Appeal (DB) No. 816 of 2023.
3. The State, in both the appeals, has been represented by Mr. Dilip Kumar Sinha, the learned APP.
4. Both the appellants have been convicted for the offences under Sections 376 and 302 of the Indian Penal Code (in short the IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short the POCSO Act, 2012) vide judgment dated 19.04.2023 passed by the learned 7th Addl. District & Sessions Judge-cum-Exclusive Special Judge (POCSO), Sasaram in POCSO Case No. 42 of 2019, arising out of Bikramganj P.S. Case No. 217 of 2019. By order dated 28.04.2023, they have been sentenced to undergo R.I. for 20 years, to pay a fine of Rs. 50,000/- each and in default of payment of fine, to further suffer S.I. for six months for the offence under Section 6 of POCSO Act, 2012.
5. A five year old girl is alleged to have
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
The judgment emphasizes the need for conclusive and firmly established circumstantial evidence to establish guilt in cases based on circumstantial evidence.
Circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt in criminal cases.
Point of Law : Any weakness in the defence case would not obviate the prosecution from establishing the charge based on circumstantial evidence.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
The court ruled that corroboration from witnesses is critical in supporting a victim's testimony, leading to conviction for grievous offenses under IPC and POCSO, and sentencing must consider the bac....
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