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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Heera Das – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—The present appeal arises out of the judgment of conviction dated 05.07.2017 and the order of sentence dated 11.07.2017 (hereinafter referred to as ‘the impugned judgment and order’ respectively) passed by learned Special Judge, POCSO Act, Samastipur (in short ‘the learned trial court’) in Sessions Trial No. 528 of 2013 arising out of Mushri Gharari P.S. Case No. 94 of 2013 registered under Section 376 of the Indian Penal Code (in short ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act 2012 (hereinafter referred to as the ‘POCSO Act, 2012’).
2. By the impugned judgment and order, the learned trial court has been pleased to convict the appellant for the offences punishable under Section 376 IPC and Section 6 of the POCSO Act, 2012 and awarded a sentence of rigorous life imprisonment with a fine of Rs. 50,000/- for the offences punishable under Section 376 IPC and a rigorous life imprisonment with a fine of Rs. 50,000/- for the offence under Section 6 of the POCSO Act, 2012. In case of non-payment of fine, under both the Sections, the appellant has been ordered to undergo rigorous imprisonment for 6 months each. Both the sentences are
The need for corroboration of evidence, especially in cases involving child witnesses, and the rebuttable nature of the presumption under Section 29 of the POCSO Act.
Point of law: Conviction upheld - In the absence of cogent evidence brought on record to prima-facie establish the foundational facts, conviction of the accused cannot be based solely on presumption ....
Victim's reliable testimony sufficient for POCSO conviction without corroboration; FIR delay and absent injuries immaterial; minor contradictions ignorable; presumption under s.29 shifts burden post ....
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
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....
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
Sexual Assault - Recording of confessions and statements - Conviction upheld - Evidence of prosecution witnesses as well as initial statement given by victim child under Section 164 of Cr.P.C. substa....
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