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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, ANSHUMAN
Anup Singh, Son of Yogendra Singh – Appellant
Versus
State of Bihar, Patna – Respondent
JUDGMENT :
BIBEK CHAUDHURI, J.
1. Heard the learned Advocate for the appellant and the learned Government Advocate.
2. This is an appeal against an order of conviction and sentence under Sections 302 /376 of the I.P.C. and Section 5 (i)/6 of the POCSO Act.
3. POCSO Case No.31 of 2016 was registered on the basis of the charge sheet filed by the police in connection with Brahampur P.S. Case No.232 of 2016 dated 10.10.2016 under Sections 302 , 201, 376 of the I.P.C. and Section 5 (i)/6 of the POCSO Act, which was initiated on the basis of a statement made by one Rita Devi of Village Kuwavan within police station Brahampur, alleging inter alia that on 10.10.2016 at about 06:00 A.M. her minor daughter aged about 14 years (name of the victim is not disclosed in the body of the judgment and she is described as the deceased hereinbelow) was going to the house of one Vijay Bahadur Singh to collect milk as of daily routine. The said girl, however, did not return with milk from the house of Vijay Bahadur for long. The informant conducted a search for her daughter and came to know from the milkman that she had not arrived to his house to collect milk on the fateful date of occurrence. She found
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
Court emphasized the application of circumstantial evidence principles where all links confirmed the appellant's guilt in the kidnapping, sexual assault, and murder of a minor, upholding a death sent....
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
Point of Law : Evidence suggesting that the accused was seen in the company of the deceased on the date of occurrence can at best raise grave suspicion about his involvement but the same.
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