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IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad, Ashok Kumar Pandey
Sonu @ Tarjan @ Saddam Hussain, Son of Niyamat Mian @ Niyamat Hussain – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. the case involves appeals against conviction under ipc and pocso act. (Para 1 , 2 , 3) |
| 2. prosecution failed to present credible evidence linking the defendants to the crime. (Para 4 , 5 , 6 , 39) |
| 3. arguments question the integrity of the investigation process and witness reliability. (Para 9 , 10 , 11 , 12) |
| 4. the judgment emphasizes foundational facts necessity under the pocso act for verdict. (Para 20 , 30 , 31 , 61) |
JUDGMENT :
Rajeev Ranjan Prasad, J.
These appeals have been preferred for setting aside the judgment of conviction dated 11.08.2021 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 17.08.2021 (hereinafter referred to as the ‘impugned order’) passed by learned Exclusive Special Judge (POCSO), Saran at Chapra (hereinafter referred to as the ‘learned trial court’) in Sessions Trial (POCSO) No. 86 of 2019 arising out of Chapra Town P.S. Case No. 446 of 2019.
2. By the impugned judgment, the appellants have been convicted for the offences punishable under Section 376D INDIAN PENAL CODE (in short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’ or the ‘Act of 2012’) and
The prosecution must prove foundational facts, including the victim's age, to establish guilt under POCSO Act; discrepancies in evidence warrant acquittal.
The prosecution must prove foundational facts beyond reasonable doubt, and the presumption of guilt under the POCSO Act does not relieve it of this burden.
In sexual assault cases under the POCSO Act, the prosecution must provide overwhelming evidence beyond the victim's testimony, which must be credible and consistent.
The prosecution must prove allegations of sexual assault beyond reasonable doubt; inconsistencies in the victim's statements and lack of corroborative evidence resulted in acquittal.
The conviction for rape was upheld based on the victim's reliable testimony, corroborated by medical evidence, illustrating criteria for a 'sterling witness'.
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
(1) Penetrative sexual assault on girl child – Evidence of approximate age of victim would not be sufficient to any conclusion about exact age of victim.(2) Medical examination of accused of rape is ....
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies and lack of corroborative evidence led to the acquittal of the accused.
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