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IN THE HIGH COURT OF JUDICATURE AT PATNA
Vipul M.Pancholi, Sunil Dutta Mishra
Bir Bahadur Kushwaha S/o Ashanand Kushwaha – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments regarding false implication and evidence. (Para 5) |
| 3. witness testimonies and medical evidence analysis. (Para 6 , 7 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's analysis of evidence and timelines. (Para 15 , 16 , 17) |
| 5. justification for acquittal based on lack of evidence. (Para 18) |
| 6. final decision and order of the court. (Para 19) |
JUDGMENT :
VIPUL M. PANCHOLI, J.
The instant appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) wherein the sole appellant-convict has assailed the judgment of conviction dated 10.01.2019 and order of sentence dated 21.01.2019, rendered by learned 1st Additional Sessions Judge, Bhojpur, Ara in POCSO Case No.16/2017, arising out of Jagdishpur P.S. Case No.241/2017, whereby appellant Bir Bahadur Kushwaha has been convicted for the offences punishable under Section 376 of the INDIAN PENAL CODE as well as Section 4 of the POCSO Act and sentenced to undergo imprisonment for life under Section 4 of the POCSO Act and to pay a fine of Rs.25,000/- and in default of payment of fine, appellant Bir Bahadur Kushwaha has to undergo
The prosecution must prove charges beyond a reasonable doubt, and contradictions in testimony and medical evidence warrant acquittal.
Penetrative sexual assault on girl – Age of victim is a crucial factor in POCSO cases.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
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.
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