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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
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 13.10.2022, he has been sentenced to undergo R.I. for twenty years, to pay a fine of Rs. 15,000/- and in default of payment of fine, to further suffer R.I. for six months under Section 376(3) of the IPC; R.I. for twenty years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer R.I. for four months under Section 4 (2) of the POCSO Act, 2012 and S.I. for one year under Section 506 of the IPC.
3. The sentences have been ordered to run concurrently.
4. The victim, a 13 year old girl, is said to have been raped by the appellant, who is her step-brother.
5. The case was lodged by the mother of the victim (P.W. 1), who had lodged a written report on 22.03.2020 alleging that on 20.03.2020, at about 4 o’clock in the morning, her 13 year old d
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.
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.
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
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