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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, ANSHUMAN
Pawan Kumar Mandal, Son of Sri Kailash Mandal – Appellant
Versus
State of Bihar Bihar – Respondent
JUDGMENT :
BIBEK CHAUDHURI, J.
Judgment of conviction, dated 12.03.2019 and Order of sentence, dated 16.03.2019, passed by the learned Additional District and Sessions Judge-I-cum-Special Judge (POCSO Act), in GR No. 1508 of 2016, arising out of Bhagalpur Mahila Police Station Case No. 22 of 2016, whereby and whereunder, the appellant was guilty and convicted under Section 235 of the Cr.P.C. for committing offence under Section 4 of the POCSO Act and thereby sentenced to suffer rigorous imprisonment for life with fine of Rs 50,000 in default rigorous imprisonment for one year.
2. The judgment of conviction and order of sentence is under challenge in the instant appeal.
3. Bhagalpur Mahila Police Station Case No. 22 of 2016 was registered on 11th of May 2016 under Section 376 / 420 of the IPC and Section 4 of the POCSO Act on the basis of a written complaint submitted by the prosecutrix stating herself a minor girl aged about 16 years on the date of lodging the complaint. It is alleged by the prosecutrix that marriage of her cousin sister was solemnized with the cousin brother of the appellant. After such marriage, both the appellant and the prosecutrix came closer to each other. They o
(1) It is only when there is penetrative sexual assault which implies sexual contact with or without consent of minor victim, that offences under POCSO Act are committed.(2) Only in absence of birth ....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
Proof of minor status is essential under POCSO; without clear age determination, conviction cannot stand. The benefit of doubt must accrue to the accused when age is unproven.
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
The court established that unreliable age evidence and inconsistencies in the victim's account, coupled with her prior consent, undermined the conviction under the POCSO Act.
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