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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Chhedi Das, son of Late Saguni Das – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. details of the offence and initial complaint. (Para 5 , 6) |
| 2. trial findings and evidence credibility. (Para 10 , 11 , 12) |
| 3. appellant's arguments regarding witness testimony. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 4. state's rebuttal of appellant's arguments. (Para 19 , 20) |
| 5. court's view on evidence and credibility. (Para 21 , 22 , 23 , 24) |
| 6. sentencing considerations and decision. (Para 30 , 31 , 32 , 34) |
| 7. final orders and directions. (Para 35 , 36 , 37) |
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. We have heard learned counsel for the appellant and learned Additional Public Prosecutor for the State as also learned counsel for the informant.
2. The present appeal has been preferred through the Patna High Court, Legal Services Committee. This appeal is arising out of the judgment of conviction dated 20.08.2019 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 27.08.2019 (hereinafter referred to as the ‘impugned order’) passed by learned 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Madhubani (hereinafter referred to as the ‘learned trial court’) in POCSO G.R. Case No. 16 of 2018 arising out of Benipatti P.S. Case No. 27 of 201
The court affirmed that prior legal standards apply to convictions, emphasizing the necessity of valid evidence and proper assessment of child witnesses' competency in sexual assault cases.
Rape of girl child – Once a victim of rape, particularly, a child is found to be truthful in her deposition, said evidence is adequate to establish charge of commission of offence punishable under Se....
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
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