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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, SONI SHRIVASTAVA
Santosh Marandi, S/o Bhairo Marandi – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. Heard Mr. Ajay Kumar Thakur, learned counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.
2. The informant-Respondent No. 2 has entered appearance through her Advocate and the name of the learned Advocate is printed in the cause list but no one has appeared before this Court.
3. The sole appellant in this case is seeking setting aside of the judgment of conviction dated 16.05.2023 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 20.05.2023 (hereinafter referred to as the ‘impugned order’) passed by learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Jamui (hereinafter referred to as the ‘learned trial court’) in POCSO Case No. 18 of 2021 arising out of Jhajha P.S. Case No. 205 of 2020.
4. By the impugned judgment, the learned trial court has held the accused-appellant guilty of commission of the offences punishable under Section 4(2) of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’) and Section 376 of the Indian Penal Code (in short ‘IPC’) and by the impugned order, the learned trial court has ordered that the appellant shall
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 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.
The prosecution must prove foundational facts beyond reasonable doubt; reliance solely on the victim's testimony is insufficient if unsupported by corroborative evidence.
The testimony of a victim is sufficient for conviction in sexual assault cases if consistent and credible, reinforced by supporting evidence.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
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