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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Vishal Kumar @ Raja S/o Satyendra Rai @ Satyendra Kumar Rai – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. conviction details and case background (Para 1 , 2 , 3 , 4) |
| 2. evidence and witness testimonies presented (Para 5 , 6) |
| 3. defense's denial of charges and arguments (Para 7 , 8) |
| 4. appellant's contention and legal reasoning (Para 9 , 10 , 11) |
| 5. court's analysis of prosecution's evidence (Para 12 , 13 , 14 , 15) |
| 6. contradictions and infirmities in victim's testimony (Para 16 , 17 , 18 , 19) |
| 7. court's evaluation of credibility issues (Para 20 , 21) |
| 8. judgment conclusion and order (Para 22 , 23 , 24 , 25) |
JUDGMENT :
Alok Kumar Pandey, J.
The present appeal has been directed against the judgment of conviction and order of sentence dated 21.07.2025 passed by learned Special Judge, Exclusive POCSO Court-cum- ADJ-VI, Bhojpur at Ara in POCSO Case No. 50 of 2021, arising out of Chouri P.S. Case No. Case No. 63 of 2023, whereby the appellant has been convicted for the offence punishable under Sections- 354-A and 341 of I.P.C. and sentenced to undergo R.I. for one year and fine of Rs. 5,000/- for the offence punishable under Section-354-A of I.P.C. and, in default of payment of fine, to undergo R.I. for further one month and fine of Rs. 500/- for the offence punishable under Secti
The prosecution's burden was not met due to substantial inconsistencies in witness testimonies; thus, a conviction was unjustified.
The prosecution must prove guilt beyond reasonable doubt; any doubt must favor the accused, leading to the annulment of the conviction.
The prosecution's case can be established through circumstantial evidence and witness demeanor despite inconsistencies in testimonies regarding identification, affirming the conviction under relevant....
The court established that credible witness testimony is essential in sexual assault cases, particularly involving minors, and modified the sentence based on the nature of the crime and the age of th....
The prosecution evidence must prove the charge beyond reasonable doubt, and the unreliability of the victim's testimony requires corroboration from independent evidence in cases of sexual offences.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
Conviction under POCSO Act cannot be sustained on the basis of unreliable witness testimonies, especially when witnesses turn hostile and fail to corroborate the prosecution's case.
The credibility of victim testimony can sustain conviction in sexual assault cases, and an accused must prove age under POCSO to avoid liability.
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