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IN THE HIGH COURT OF JUDICATURE AT PATNA
Chandra Shekhar Jha
Dipak Thakur @ Dipu Thakur, Son of Aniruddha Thakur – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. details of the case and charges. (Para 1 , 2 , 3) |
| 2. summary of prosecution’s witnesses and evidence. (Para 4 , 5 , 6 , 7 , 8) |
| 3. arguments challenging conviction. (Para 11 , 12) |
| 4. discussion on evidence and witness testimony. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. guidance on child witness testimony. (Para 22 , 23) |
| 6. court's decision on presumption under pocso act. (Para 24 , 25 , 26) |
| 7. final decision and order. (Para 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
Chandra Shekhar Jha, J.
The present appeal preferred by appellant/convict Dipak Thakur @ Dipu Thakur against judgment of conviction dated 18.11.2019 and order of sentence dated 22.11.2019 passed by the learned Additional District & Sessions Judge 1st-cum-Special Judge, Siwan in POCSO Tr. No. 100/2019, CIS Registration No. 19/2018 arising out of Siwan Mahila P.S. Case No. 10/2018 whereby and whereunder the appellant/convict has been convicted and sentenced to undergo R.I. for ten years and fine of Rs. 1,00,000/- (Rupees one lacs only) for the offences under Section 376 of the INDIAN PENAL CODE , 1860 and Section 6 of the POCSO Act and in default of payment of fine, he shall further undergo one year of R.I.
2. The cr
The prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
The prosecution failed to establish the victim's age as a child under the POCSO Act, leading to the quashing of the conviction due to insufficient evidence and credibility issues.
The conviction was quashed due to insufficient evidence and credibility issues with the victim, highlighting the necessity of establishing a solid evidentiary foundation in sexual assault cases.
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The prosecution failed to establish the case beyond reasonable doubt due to contradictions in the victim's testimony and lack of corroborative medical evidence.
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
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