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IN THE HIGH COURT OF JUDICATURE AT PATNA
Chandra Shekhar Jha
Priyanshu Thakur S/o Ramji Thakur – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. initial facts of the case (Para 1 , 2 , 3 , 4) |
| 2. prosecution evidence overview (Para 5 , 6 , 8) |
| 3. overview of prosecution evidence. (Para 7 , 9 , 10) |
| 4. conviction related facts and timeline. (Para 11) |
| 5. defense arguments on victim's willfulness (Para 12 , 14) |
| 6. contradictory statements and testimonies (Para 13 , 19 , 20 , 21) |
| 7. court's review of evidence and witness credibility (Para 15 , 16 , 22) |
| 8. doubts on the prosecution's foundational case (Para 24 , 25 , 28 , 29) |
| 9. test of a 'sterling witness' and pocso act presumption. (Para 26 , 27) |
| 10. final conclusions and order (Para 30 , 31 , 32 , 33 , 34) |
JUDGMENT :
Chandra Shekhar Jha, J.
1. Heard the parties.
2. The present appeal preferred by appellant/convict, namely, Priyanshu Thakur against judgment of conviction dated 10.07.2023 and order of sentence dated 18.07.2023 passed by learned 7th ADJ cum Exclusive Special Judge (POCSO), Sasaram in connection with POCSO Case No. 41 of 2022 (arising out of Kachhwan P.S. Case No. 100 of 2021), whereby and where under appellant/convict has been convicted for the offence punishable under Section 366 (A), 366 of IPC and Sections 4 and 6 of POCSO Act and has directed the appellan
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 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 prosecution must establish the victim's age and provide corroborative evidence in cases involving allegations under the POCSO Act; a conviction cannot be based solely on the uncorroborated testim....
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 case beyond reasonable doubt due to contradictions in the victim's testimony and lack of corroborative medical evidence.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
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