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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Gaurav Kumar @ Gaurav Singh, S/o Late Lalan Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SOURENDRA PANDEY, J.
1. We have heard learned counsel for the appellant and learned Additional Public Prosecutor for the State. Despite service of notice on respondent no. 2, she has chosen not to enter appearance to contest the appeal. In course of hearing, we have also perused the trial court records.
2. This appeal has been preferred for setting aside the judgment of conviction dated 25.01.2024 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 30.01.2024 (hereinafter referred to as the ‘impugned order’) passed by learned Additional District & Sessions Judge-VI-cum- Spl. Judge, POCSO Act, Samastipur (hereinafter referred to as the ‘learned trial court’) in T.R. No.111 of 2024 arising out of Mahila P.S. Case No. 40 of 2021.
3. By the impugned judgment, the appellant has been convicted for the offences punishable under Sections 376(D), 363, 341, 504 and 506 of the Indian Penal Code (in short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). By the order of sentence, he has been ordered to undergo rigorous imprisonment for 20 years with a fine of Rs.50,000/- under Section 6 of the POCSO Act a
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.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
The conviction of the appellant was quashed due to insufficient and inconsistent evidence, demonstrating the necessity for reliable testimonies in criminal cases, especially under sexual offence laws....
The court upheld the conviction for abduction and rape based on testimonial and medical evidence, emphasizing the validity of medical age assessment in absence of primary documents.
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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