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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Md. Sadre Alam S/o Md. Kalam @ Md Kalamuddin – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. conviction basis and procedural details. (Para 4 , 6 , 7 , 8) |
| 2. defense claims and arguments. (Para 10 , 12 , 13) |
| 3. court's review of conviction. (Para 11 , 14 , 15) |
| 4. procedures for determining age in law. (Para 16 , 17 , 18) |
| 5. legal distinction between taking and accompanying a minor. (Para 19 , 25) |
| 6. outcomes of the appeal decision. (Para 27 , 28) |
JUDGMENT :
ALOK KUMAR PANDEY, J.
1. Heard learned counsel for the appellant and learned APP for the State.
2. At the very outset, learned counsel for the appellant seeks permission to make necessary correction in memo of appeal regarding P.S. Case number during course of the day.
3. Permission, as prayed for, is granted.
4. The present appeal has been directed against the judgment of conviction dated 18.06.2025 and order of sentence dated 23.06.2025 passed by learned District and Additional Sessions Judge-VI cum Special Judge, POCSO (I), Muzaffarpur in connection with POCSO G.R. No. 36 of 2025, arising out of Mushahari P.S. Case No. 305 of 2024 whereby the appellant has been convicted for the offence punishable under Section 137 (2) of B.N.S. and has been sentenced to undergo rigorous imprisonment for four years alongwith
The prosecution must clearly prove a victim's minority in POCSO cases, requiring authenticated age documentation; mere reliance on school records is insufficient.
Conviction and sentencing for sexual offences under the POCSO Act upheld, establishing that the defense's failure to challenge the victim's age and credibility supported the prosecution's case.
The court ruled that the prosecution failed to prove the minor status of the victim beyond a reasonable doubt, undermining the conviction under the POCSO Act.
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.
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
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