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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
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 the offence under Section 376 of the INDIAN PENAL CODE (in short ‘I.P.C.’) and directed the appellant to undergo a sentence of imprisonment for life and to pay a fine of Rs. 10,000/- for the offence punishable under Section 376 I.P.C. In the event of default in payment of fine, the accused-convict would further undergo rigorous imprisonment for three months.
Prosecution Case
3. The prosecution story is based on the fardbeyan of the victim aged about nine years recorded by S.I. Subhash Ram on 02
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 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....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
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