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IN THE HIGH COURT OF JUDICATURE AT PATNA
Shailendra Singh
Rajiv Kumar, Son of Raghunandan Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Shailendra Singh, J.
1. Heard learned senior counsel for the appellant and learned counsel for the State.
2. This appeal has been filed against the judgment of conviction dated 18.07.2022 and order of sentence dated 21.07.2022 passed by the learned Exclusive Special Court (POCSO)-cum -7th Additional District and Sessions Judge, Bhagalpur in connection with POCSO Case No. 20 of 2021, arising out of Sahkund (Sajour) P.S. Case No. 53 of 2021, whereby and whereunder the appellant has been convicted for the offence punishable under Section 8 of the POCSO Act and sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs. 3,00,000/- (Rupees three Lakhs only) for the said offence, in default of payment of fine, to further undergo simple imprisonment for a period of 1 year.
3. The appellant stood charged for the offences punishable under Section 376 of INDIAN PENAL CODE (hereinafter referred to as IPC) and under Sections 4 , 8, 13 and 18 of the Protection of Children from Sexual Offences Act (hereinafter referred to as POCSO Act).
4. The appellant was convicted only for the offence punishable under Section 8 of POCSO Act and acquitted of other offences charged with
The integrity of the investigation and corroborative evidence are crucial in sexual offence cases, and any deficiencies provide grounds for the benefit of doubt to the accused.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
The prosecution must establish its case beyond reasonable doubt; inconsistencies in the victim's testimony and lack of corroborative medical evidence can lead to the acquittal of the accused.
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