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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, ASHOK KUMAR PANDEY
Upendra Singh, Son of Arjun Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. foundation of prosecution case based on victim's fardbeyan. (Para 5 , 6) |
| 2. trial court's analysis of victim's reliability and evidence consistency. (Para 9 , 10 , 11 , 12) |
| 3. arguments for appellant concerning evidence gaps. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. consideration of prosecution evidence's credibility. (Para 22 , 30 , 32) |
| 5. inconsistent statements of the victim during testimonies. (Para 23 , 24 , 25 , 26) |
| 6. medical evidence contradicts victim's claims of sexual assault. (Para 36 , 37 , 38 , 39) |
| 7. court's analysis on prosecution failure to establish guilt. (Para 41) |
| 8. court's conclusion on prosecution's failure to establish guilt beyond reasonable doubt. (Para 42 , 43 , 44) |
| 9. acquittal and conclusion of the appeal. (Para 45 , 46 , 47) |
JUDGMENT:
RAJEEV RANJAN PRASAD, j.
1.Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State as also perused the trial court's records.
2. Notice has been served upon the informant/victim but no one has appeared on behalf of her to contest the appeal.
3. The present appeal has been preferred for setting aside the judgment of conviction dated 15.07.2022 (hereinafter referred to
In sexual assault cases under the POCSO Act, the prosecution must provide overwhelming evidence beyond the victim's testimony, which must be credible and consistent.
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
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 foundational facts beyond reasonable doubt, and the presumption of guilt under the POCSO Act does not relieve it of this burden.
The conviction for rape was upheld based on the victim's reliable testimony, corroborated by medical evidence, illustrating criteria for a 'sterling witness'.
The prosecution must prove foundational facts, including the victim's age, to establish guilt under POCSO Act; discrepancies in evidence warrant acquittal.
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