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IN THE HIGH COURT OF JUDICATURE AT PATNA
Chandra Shekhar Jha
Doman Mahto, Son of Late Shankar Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chandra Shekhar Jha, J.
This appeal has been preferred by the appellant/convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 24.11.2022 and order of sentence dated 02.12.2022 passed by learned Exclusive Special Court (POCSO Act)-cum-7th Additional Sessions Judge, Bhagalpur in POCSO Case No.3935 of 2018 arising out of Kahalgaon P.S. Case No.499 of 2018, whereby the concerned Trial Court has convicted the appellant/convict for the offences punishable under Section 376 of the INDIAN PENAL CODE (for short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act) and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.10,000/- and in default of payment of fine, to further undergo simple imprisonment for three months under Section 6 of the POCSO Act. No separate sentence is awarded for the offence punishable under Section 376 of the IPC.
2. The case of prosecution, in brief, as available through written information of informant/PW-1, which is the basis of FIR is that on 31.07.2018 at about 11.00 A.M., her neighbo
The prosecution must establish its case beyond reasonable doubt, particularly in POCSO cases, where inconsistencies in evidence can invalidate the presumption of guilt.
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 burden of proof lies with the prosecution, and statutory presumptions do not relieve the prosecution from proving its case. Witness testimonies and evidence must be conclusive to establish guilt.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The prosecution failed to establish the case beyond reasonable doubt due to contradictions in the victim's testimony and lack of corroborative medical evidence.
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....
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