Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashutosh Kumar, Alok Kumar Pandey
Prakash Kewat, Son of Banarsi Kewat – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. conviction basis and sentencing details. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. witness accounts of the incident. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. medical evidence of injury and death. (Para 19 , 20 , 21) |
| 4. appellant's defense arguments and doubts on prosecution. (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 5. state's rebuttal to defense arguments. (Para 28 , 29 , 30 , 31 , 32) |
| 6. court's affirmation of lower court's ruling. (Para 33 , 34 , 35) |
| 7. discussion on forensic evidence. (Para 36 , 37 , 38) |
| 8. identification of appellant and context. (Para 39 , 40 , 41) |
| 9. consideration of justice in sentencing. (Para 42 , 43 , 44) |
| 10. final order and modifications to sentence. (Para 45 , 46 , 48 , 49 , 50) |
JUDGMENT :
ASHUTOSH KUMAR, J.
Heard Mr. Vivakanand Singh learned advocate for sole appellant and Mr. Bipin Kumar, the learned APP for the State.
2. The appellant has been convicted under Sections 376 , 302 and 376A of the INDIAN PENAL CODE and Section 4 of the POCSO Act, 2012 vide judgment dated 05.01.2017 passed by learned Additional Sessions Judge-I-cum-Special Judge, Khagaria in POCSO Case No. 21 of 2015/ Registration No. 279 of 2015, arising out of Morkahi P.S. Cas
The court ruled that corroboration from witnesses is critical in supporting a victim's testimony, leading to conviction for grievous offenses under IPC and POCSO, and sentencing must consider the bac....
The judgment underscores the necessity for conclusive evidence in criminal cases, particularly in charges involving serious offenses like murder and sexual assault, and the importance of correctly es....
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.
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
