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RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Lal Babu Paramhans – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—Heard learned counsel for the appellant, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The present appeal has been preferred for setting aside the judgment of conviction dated 07.02.2023 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 17.02.2023 (hereinafter referred to as the ‘impugned order’) passed by learned Exclusive Special Judge (POCSO Act), Darbhanga (hereinafter called the ‘learned trial court’) in POCSO G.R. Case No. 16 of 2019 arising out of Darbhanga (Mahila) P.S. Case No. 23 of 2019.
3. By the impugned judgment, the appellant has been convicted for the offence punishable under Sections 376(3), 506 of the Indian Penal Code (in short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). By the impugned order, he has been sentenced to undergo rigorous imprisonment for thirty years with a fine of Rs.30,000/- under Section 376(3) IPC and in default of payment of fine, he shall further undergo simple imprisonment for six months. He has also been sentenced to undergo rigorous imprisonment for thirty years with a fine of Rs.30
The need for corroboration of evidence, especially in cases involving child witnesses, and the rebuttable nature of the presumption under Section 29 of the POCSO Act.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
Prosecution must establish foundational facts beyond reasonable doubt; mere reliance on victim’s inconsistent testimony is insufficient for conviction.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
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