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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Braj Kishore Sharma, Son of late Ramdayal Sharma – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
1. The present Appeal has been preferred against the impugned judgment dated 06.10.2010 and the order of sentence dated 07.10.2010, passed by learned Additional Sessions Judge, Fast Track Court No. 1 in Sessions Trial No. 790 of 2009, whereby the Appellants have been found guilty under Sections 452 , 324, 326 and Section 307 read with Section 34 of the Indian Penal Code and they have been sentenced to undergo R.I. for ten years and fine of Rs.5,000/- each under of the Indian Penal Code and R.I for five years and fine of Rs.2,000/- each under Section 452 of the IPC . However, they have not been sentenced under Section 324 and 326 of the . Moreover, in case of default to pay the fine, the Appellants are required to undergo additional R.I for one year. All the sentences have been directed to run concurrently.
Prosecution Case
2. The prosecution case arises out of Musahari P.S. Case No. 71 of 2008, registered on 29.07.2008 for the offences punishable under Section 452 , 324, 326, 307, 120-B read with Section 34 of the IPC against four persons, including the appellants and co-convict, Ram Sanjeevan Singh. The FIR was lodged on the basis of the fardbeyan o
The court held that the prosecution failed to prove charges against the appellants beyond reasonable doubt, leading to their acquittal; the victim is entitled to compensation under relevant legal pro....
(1) Age determination is of paramount importance for ascertaining whether or not an accused comes within purview of Juvenile Justice (Care and Protection of Children) Act, 2015.(2) Compensation to vi....
The court ruled that the prosecution failed to prove the victim's age as below 18 years, thus the POCSO Act was not applicable, leading to a modification of the conviction under IPC.
The prosecution failed to prove the charges against the accused beyond reasonable doubt, leading to their acquittal under IPC and SC/ST Act.
The prosecution must substantiate charges with consistent, reliable evidence; failure to do so results in acquittal.
Prosecution must establish guilt beyond reasonable doubt; contradictions in testimonies undermine the case.
The conviction of the appellant was overturned due to insufficient evidence, with reliance on the testimony of an incompetent child witness and failure to prove charges beyond reasonable doubt.
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