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ASHUTOSH KUMAR, NAWNEET KUMAR PANDEY
Abhishek Kumar @ Nanhaka – Appellant
Versus
State of Bihar – Respondent
Nawneet Kumar Pandey, J.—This appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure for setting aside the judgment of conviction 29.05.2023 and order of sentence dated 31.05.2023 passed by the learned 1st Additional Sessions Judge-cum-Special Judge Children’s Court, Jehanabad, in Children Case No. 03 of 2019, arising out of Jehanabad Mahila P.S.Case No. 55 of 2018, whereby the appellant has been convicted and sentenced as under:—
| Conviction under Section | Sentence | ||
|
| Imprisonment | Fine (Rs.) | In default of fine |
| 376(AB) of the IPC | RI for 20 years | 50,000/- | RI for three months |
| 4 POCSO Act | RI for 20 years | 50,000/- | RI for three months |
2. The victim is a minor girl of 7-8 years of the age. The allegation against the appellant, who himself is a juvenile, is that he committed rape/penetrative sexual assault upon the victim.
3. The maternal grand-father of the victim (PW-3) lodged FIR on 21.10.2018 at 8.50.pm, stating therein that on 21.10.2018 at about 2.00 p.m., the appellant who is his covillager was requested to park a motorcycle in courtyard of the informant and thereafter to give the keys to his grand-daughter (
Procedure provided under Sections 15 and 19 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been held to be mandatory.
Timely claims of juvenility under the Juvenile Justice Act must be substantiated with evidence during trial; late submissions impede mental capacity assessments.
The conviction of a child in conflict with law under POCSO Act was upheld based on consistent witness testimonies and medical evidence; the presumptive guilt clause under POCSO aids prosecution. Sent....
The court emphasized the necessity for comprehensive assessment of a juvenile's understanding of the consequences of alleged offences, mandating multiple expert evaluations under the Juvenile Justice....
An individual assessed to be a juvenile at the time of offence must not be tried as an adult, with their age determination being essential for proper legal proceedings.
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