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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, PRAVEEN KUMAR
Arun Prasad @ Arun Patel, Son of Suresh Prasad – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State. Notice has been served upon the informant, however, the informant has chosen not to enter appearance.
2. The appellant in this case is seeking setting aside of the judgment dated 13.03.2023 (hereinafter referred to as the ‘impugned judgment) and the order dated 16.03.2023 (hereinafter referred to as the ‘impugned order’) passed by the learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Court, Siwan (hereinafter referred to as the ‘learned trial court’) in POCSO Trial Case No. 143 of 2019 arising out of Maharajganj P.S. Case No.108 of 2019. By the impugned judgment and order, the learned trial court has been pleased to convict the appellant for the offences punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and ordered him to undergo imprisonment for life and to pay fine of Rs.30,000/- for the offence punishable under Section 4 of the POCSO Act and in default of payment of fine, he shall further undergo simple imprisonment for two years.
Prosecution story
3. The prosecution case is based o
Conviction and sentencing for sexual offences under the POCSO Act upheld, establishing that the defense's failure to challenge the victim's age and credibility supported the prosecution's case.
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 court affirmed that prior legal standards apply to convictions, emphasizing the necessity of valid evidence and proper assessment of child witnesses' competency in sexual assault cases.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
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