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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, ASHOK KUMAR PANDEY
Hare Ram Mandal S/o Late Mahabir Mandal – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. outline of prosecution case and context. (Para 2 , 3 , 4) |
| 2. summary of findings by the trial court. (Para 6 , 7) |
| 3. appellant's grounds for appeal against the conviction. (Para 8 , 9 , 10) |
| 4. state's arguments in support of conviction. (Para 11 , 12) |
| 5. analysis of witness testimonies and corroborative evidence. (Para 15 , 16 , 17 , 18 , 20 , 21 , 23 , 24 , 26) |
| 6. definition of 'sterling witness' from precedent. (Para 25) |
| 7. final ruling and dismissal of appeal. (Para 27 , 28 , 29) |
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.
2. The present appeal has been preferred for setting aside the judgment of conviction dated 07.05.2013 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 13.05.2013 (hereinafter referred to as the ‘impugned order’) passed by learned Adhoc Additional Sessions Judge-IV, Supaul (hereinafter called the ‘learned Trial Court’) in S.T. No. 278 of 2012/T.R. No. 55 of 2012 arising out of Pipra P.S. Case No. 163 of 2012, G.R. No. 1714 of 2012 whereby and whereunder the learned Trial Court has been pleased to find the appellant guilty of t
The conviction for rape was upheld based on the victim's reliable testimony, corroborated by medical evidence, illustrating criteria for a 'sterling witness'.
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 foundational facts, including the victim's age, to establish guilt under POCSO Act; discrepancies in evidence warrant acquittal.
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 main legal point established in the judgment is the reliance on the consistency and reliability of the victim's testimony, the absence of prevarication, and the corroboration of evidence to estab....
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
The prosecution must prove allegations of sexual assault beyond reasonable doubt; inconsistencies in the victim's statements and lack of corroborative evidence resulted in acquittal.
The prosecution must establish the foundational aspects of a sexual assault case with credible evidence; inconsistencies in the victim's testimony and lack of corroborative evidence can lead to acqui....
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