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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, RAMESH CHAND MALVIYA
Anguri Praveen D/o Md. Kaushar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAMESH CHAND MALVIYA, J.
1. Heard Mr. Braj Bhusan Poddar learned, counsel for the appellant, Mr. Ajay Kumar Sinha, learned counsel for the informant and Mr. Binod Bihari Singh, learned APP for the State.
2. This appeal is arising out of the judgment of conviction and order of sentence dated 20.01.2024 (hereinafter referred to as the ‘impugned judgment’) passed by learned Exclusive Special Judge (POCSO Act)-cum-Additional Sessions Judge-VI, Begusarai (hereinafter referred to as the ‘learned trial Court’) in POCSO Case No. 58 of 2021 arising out of Bhagwanpur (Teyai) P.S Case No. 183 of 2021. By the impugned judgment the learned trial Court has acquitted the respondent no. 2 from the charges levelled under Section 376 of the INDIAN PENAL CODE (hereinafter referred as ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act (hereinafter referred as ‘POCSO Act’).
Prosecution Case
3. As per the prosecution case, accused/respondent who is a co-villager of the informant/victim/ appellant enticed her and established sexual relation with her against her will. The victim became pregnant. Thereafter, the victim persuaded the accused/respondent to solemnize Nikah but t
The court affirmed that acquittal is upheld when prosecution fails to establish charges beyond reasonable doubt, especially concerning the victim's age and identity of the biological father.
The prosecution must establish the victim's age as a child under the POCSO Act to invoke statutory presumptions, and the appellate court respects the presumption of innocence in acquittal cases.
The prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.
The conviction under the POCSO Act was overturned due to lack of corroborative evidence and DNA results disproving paternity, emphasizing the necessity for reliable witness testimony in sexual crime ....
The prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
The prosecution failed to prove the victim's minor status and the identity of the perpetrators, leading to the acquittal of the accused.
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