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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashutosh Kumar, Jitendra Kumar
Pramod Kumar Thakur @ Pradhuman Kumar @ Pradhuman, S/o Satish Thakur @ Chattish Thakur – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. background of the legal case and conviction. (Para 2 , 4 , 5 , 6) |
| 2. testimonies supporting the prosecution case. (Para 7 , 8 , 9 , 10 , 11 , 13 , 14) |
| 3. victim's account and corroborative evidence. (Para 17 , 18 , 19 , 20 , 21) |
| 4. family dynamics impacting credibility. (Para 22 , 23 , 24) |
| 5. medical examination findings. (Para 28 , 29) |
| 6. investigator's handling of case. (Para 30 , 31 , 32) |
| 7. doubts raised regarding prosecution's timing and consistency. (Para 38 , 39 , 40 , 41) |
| 8. analysis of evidentiary gaps. (Para 42 , 43 , 44 , 45 , 46) |
| 9. concluding observations questioning the victim's credibility. (Para 47 , 48 , 49 , 50) |
| 10. final judgment and acquittal. (Para 51 , 52 , 53) |
| 11. procedural directions post-judgment. (Para 54 , 55 , 56 , 57) |
JUDGMENT :
ASHUTOSH KUMAR, J.
We have heard the learned counsel for the parties.
2. The appellant has been convicted under Sections 376(3) and 506 of the INDIAN PENAL CODE , Section 4 (2) of the POCSO Act, 2012 vide judgment dated 23.09.2022 passed by the learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Vaishali at Hajipur in POCSO Gr. No. 12 of 2020, arising out of Mahila P.S. Case No. 11 of 2020. By order dated 13.10.
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.
Conviction for sexual assault on a minor can rely on the sole testimony of the victim, established as credible, despite minor discrepancies in narrative and delays in reporting.
The delay in lodging the FIR in rape cases, particularly involving minors, and the victim's inability to identify the accused during cross-examination were deemed immaterial in light of compelling ev....
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's 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.
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