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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Mohan Mishra @ Baba @ Pyara Mohan Mishra Son of Late Akhileshwar Mishra – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of case and conviction details. (Para 1 , 2 , 3 , 4) |
| 2. trial court findings and victim's credibility. (Para 8 , 9 , 10 , 11 , 12) |
| 3. arguments for the appellant's defense. (Para 13 , 14 , 15 , 18) |
| 4. inconsistencies in victim's testimony. (Para 20 , 22 , 23 , 24) |
| 5. medical evidence and age determination issues. (Para 25 , 27 , 28 , 31) |
| 6. court's decision to acquit the appellant. (Para 34 , 35 , 36 , 37 , 38) |
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. Heard learned counsel for the appellant, the informant and learned Additional Public Prosecutor for the State as also perused the trial court record.
2. The present appeal arises out of the judgment of conviction dated 04.02.2023 and the order of sentence dated 20.02.2023 passed by the learned Special Judge POCSO Court cum Additional District and Session Judge VI, Gaya passed in POCSO Case No. 87 of 2020 (CIS No. 87 of 2020) arising out of Delha P.S. Case No. 170 of 2020.
3. By the impugned judgment, the appellant has been convicted for the offences punishable under Section 376 of the Indian Penal Code and under Section 4 (2) of the Protection of Children from Sexual Offences (in short ‘POCSO’) Act, 2012. The appella
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The court emphasized that significant inconsistencies in victim statements, delay in FIR, and lack of corroborative evidence led to the acquittal of the appellant in a sexual assault case.
Prosecution failed to sufficiently prove the victim's age or the alleged offences, resulting in the acquittal of the accused due to insufficient evidence.
The prosecution must prove foundational facts, including the victim's age, beyond reasonable doubt, even under statutory presumptions of the POCSO Act.
The central legal point established in the judgment is that in cases involving minors, the credibility of the victim's testimony holds significant weight, and corroboration may not always be necessar....
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