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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
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 appellant was sentenced to undergo rigorous imprisonment for 22 years for the offence punishable under Section 4 (2) of the POCSO Act along with fine of Rs. 50,000/- and, in default of payment of fine, he was directed to undergo rigorous imprisonment for further six months. No sentence was awarded separately for the offence u/s 376 of the Indian Penal Code in view of Section 4 2 of the POCSO Act.
Prosecution Case
4. As per the prosecution
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.
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