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MOHIT KUMAR SHAH, NANI TAGIA
Aman Yadav @ Aman Kumar – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The aforesaid appeals, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") arise out of the same judgment of conviction and the order of sentence dated 10.02.2023 and 04.03.2023 respectively, passed in POCSO Case No.81 of 2020 (arising out of Ekchari P.S. Case No.18 of 2020) by the learned Court of Exclusive Special Court (POCSO Act)-cum-7th Additional District and Sessions Judge, Bhagalpur (hereinafter referred to as the "learned Trial Judge"), hence, these appeals have been heard together and are being disposed of by the present common judgment and order. By the said judgment dated 10.02.2023, the learned Trial Judge has convicted the appellants for commission of offence under Section 376DA of the Indian Penal Code (hereinafter referred to as the "I.P.C.") and under Section 5(g)/6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO Act") and they have been sentenced to undergo rigorous imprisonment for life i.e. for the remainder of their natural life under Section 5(g)/6 of the POCSO Act with fine of Rs.50,000/- each and in default thereof, the appel
The statement of a deceased victim recorded under Section 164 CrPC is not substantive evidence and cannot solely support a conviction; the prosecution must prove the victim's age and provide corrobor....
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
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