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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, RAJESH KUMAR VERMA
Sunil Kumar Singh, S/o. Poshan Singh @ Binod Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(ASHUTOSH KUMAR, J.)
1. Heard Mr. Radheshyam Sharma, the learned Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.
2. The appellant has been convicted for the offence under Section 4 of the POCSO Act, 2012 by judgment dated 22.03.2022 passed by the learned Exclusive Special Court (POCSO -II)-cum-7th Additional District and Sessions Judge, Bhagalpur in POCSO Case No. 38 of 2020 arising out of Sabour (Goradih) P.S. Case No. 80/2020. By order dated 25.03.2022, he has been sentenced to suffer rigorous imprisonment for twenty years along with a fine of Rs. 20,000/- and in default of payment of fine, to further suffer simple imprisonment for six months for the aforesaid offence.
3. The case arises out of a complaint lodged by the victim, who has been examined as PW4 at the trial.
4. A Complaint Case No. 16/2020 was lodged by the victim (PW4) alleging that while she had come out of her house to ease herself, the appellant gagged her and on point of pistol, committed rape on her. She ran away from that place with great difÏculty and informed about the occurrence to her family members as also to her neighbours. When the appellant and his family membe
The court emphasized that delays in lodging complaints, inconsistencies in witness testimonies, and lack of corroborative medical evidence can lead to the acquittal of an accused under sexual offense....
The court acquitted the appellant due to doubts regarding the victim's age and inconsistencies in the prosecution's evidence, emphasizing the principle of benefit of doubt.
The prosecution must provide credible evidence beyond reasonable doubt in sexual assault cases; inconsistencies in witness testimony and absence of corroborative evidence can lead to acquittal.
The absence of medical evidence does not negate the credibility of a victim's testimony in sexual assault cases, and minor inconsistencies do not render it untrustworthy.
The court affirmed that the victim's age and the nature of the crime negate any claims of consent, upholding the conviction based on sufficient evidence.
The prosecution must prove its case beyond reasonable doubt for a conviction under the POCSO Act and IPC; mere age of the victim is insufficient without credible evidence.
The prosecution failed to prove the case beyond reasonable doubt, leading to the appellant's acquittal due to significant doubts regarding witness credibility and procedural violations.
In sexual offence cases, the prosecution must prove allegations beyond reasonable doubt, and the victim's testimony must be credible; inconsistencies can lead to acquittal.
The court upheld the conviction for rape under IPC and POCSO Act, emphasizing the credibility of the victim's testimony and the need for sensitivity in child sexual assault cases.
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