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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Ajay Sharma, S/o Ramji Sharma – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. initial facts and case background. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. trial and witness testimonies. (Para 10 , 11 , 12 , 20 , 21) |
| 3. appellant's defense and contention. (Para 13 , 14 , 15 , 19) |
| 4. victim's statement and accusations. (Para 22 , 23 , 24 , 26) |
| 5. court's deductions and final reasoning. (Para 30 , 56 , 66 , 67) |
| 6. contradictions in prosecution's evidence. (Para 31 , 39 , 41 , 46 , 57) |
| 7. conclusion of the appeal. (Para 68 , 69 , 70 , 71) |
JUDGMENT :
SOURENDRA PANDEY, J.
Heard learned counsel for the appellant and the learned Additional Public Prosecutor for the State.
2. Though the informant-victim has entered her appearance by filing Vakalatanama and the names of two Advocates are appearing in the daily cause list but no one appeared to oppose the appeal on her behalf.
3. The present appeal arises out of the judgment of conviction dated 19.12.2022 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 21.12.2022 (in short referred to as the ‘impugned order’) passed by the learned Sessions Court, A.S.J. 7th-cum- Spl. Judge POCSO Act, (W) Muzaffarpur (hereinafter called the ‘learned trial court’) in Mahila P.S. Case No. 135 of 2016
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
The court emphasized that significant inconsistencies in victim statements, delay in FIR, and lack of corroborative evidence led to the acquittal of the appellant in a sexual assault case.
The prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
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