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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
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. Case No. 77 of 2015, GR No. 2437 of2015.
3. By order dated 10.01.2017, he has been sentenced to undergo RI for the remainder of his life under Section 3 76A of the IPC. No separate sentence has been imposed under Sections 3 02 and 376 of the IPC. Under Section 4 of the POCSO Act, 2012 he has been sentenced to undergo life imprisonment, to pay a fine of Rs. 25,000 and in default of payment of fine to further suffer RI for one year.
4. The entire amount of fine has been directed to be paid to the family of the victim/deceased.
5. The Trial Court has also recommended for payment of compensation to the family of the victim under section 357A of the Cr.P.C.
6. A four year old girl is alleged to have been raped and killed by the appe
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.
Suspicion cannot replace proof in criminal cases.
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