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RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Farid Khan – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.
Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.
2. Despite service of notice on informant-Respondent No.2, she has chosen not to appear through any Advocate to contest this appeal.
3. This appeal has been preferred for setting aside the judgment of conviction dated 17.11.2022 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 21.11.2022 (hereinafter referred to as the ‘impugned order’) passed by learned Additional District and Sessions Judge-cum- Special Exclusive Judge, POCSO, Aurangabad, Bihar (hereinafter referred to as the ‘learned trial court’) in G.R. POCSO and CIS No. 45 of 2021 arising out of Aurangabad Mahila P.S. Case No. 25 of 2021.
4. By the impugned judgment, the appellant has been convicted for the offences punishable under Section 376AB of the Indian Penal Code (in short ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). By the impugned order, he has been ordered to undergo rigorous imprisonment for twenty years with a fine of Rs.10,000/- under Section 4 of the POCSO Act and in default of payment of fine, he shall und
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
(1) Penetrative sexual assault on girl child – Evidence of approximate age of victim would not be sufficient to any conclusion about exact age of victim.(2) Medical examination of accused of rape is ....
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
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