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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, ANSUL
Md. Pappu @ Md. Saba Uddin Son of Late Md. Sirajuddin – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
BIBEK CHAUDHURI, J.
1. The correctness of the judgement of conviction and order of sentence, dated 29th of September, 2018 and 5th of October, 2018, respectively, is under challenge in the instant appeal.
2. It is necessary to mention that by passing the impugned order the learned Additional Sessions Judge, 1st Court at Patna-cum-Special Judge under POCSO Act held the appellant guilty for committing offence under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act in Special Case No. 122 of 2016, arising out of Sultanganj P.S. Case No. 171 of 2016, dated 22nd of August, 2016.
3. It is pertinent to mention, at the outset, that the learned Trial Judge recorded sentence of imprisonment for life for the offence under Section 6 of the POCSO Act with fine of Rs. 10,000/- against the appellant. Further, it was directed that if the fine amount is recovered, 80 per cent of the same shall be paid to the victim.
4. In view of such punishment the Trial Court did not pass separate sentence under Section 376 of the IPC in compliance of Section 4 of the POCSO Act against the appellant.
5. Brief facts of the case: -
Sultanganj P.S. Case No. 171 of 2016, dated 22nd of Augu
The victim's testimony can be the sole basis for conviction in sexual assault cases, but it must be credible and consistent; otherwise, reasonable doubt prevails.
(1) Penetrative sexual assault on girl child – Evidence of approximate age of victim would not be sufficient to any conclusion about exact age of victim.(2) Medical examination of accused of rape is ....
The prosecution failed to establish the victim's age as a child under the POCSO Act, leading to the quashing of the conviction due to insufficient evidence and credibility issues.
The prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
The victim's testimony does not require corroboration if it inspires confidence and is found to be worthy of credence. The burden is on the accused to disprove the prosecution case.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
The testimony of a victim in sexual assault cases must be consistent and reliable; significant inconsistencies and lack of corroborative evidence can lead to an acquittal.
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