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SUBHASH CHAND
Amitabh Dutta @ Amitav Dutta, S/o. Ajit Dutta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Subhash Chand, J.
This criminal revision has been preferred on behalf of petitioner, namely, Amitabh Dutta @ Amitav Dutta against the order dated 27.07.2022 passed by the learned Special Judge, POCSO, Dhanbad in Spl. POCSO Case No.62 of 2022 arising out of Bankmore P.S. Case No.311 of 2021 whereby and whereunder the discharge application moved on behalf of the petitioner had been rejected.
2. The learned counsel for the petitioner has submitted the learned court below has failed to appreciate the evidence in its entirety while rejecting the discharge application of the petitioner. The court below has failed to appreciate the allegations made in the FIR vis-a-vis the investigation done by the investigating officer. There is no iota of evidence to show that the petitioner had sexually assaulted or abused the informant. The pattern of implication in this case itself shows that the prosecution story was concocted. No offence under the POCSO Act is made out. The victim was not minor on the date of occurrence. The most impeachable evidence produced by the petitioner in regard to the date of birth was the Pan Card number as well as the running bank account of the informant, these
While framing charge or disposing application for discharge moved on behalf of accused trial court has to go through allegations made in FIR and also evidence collected by investigating officer.
Consent between parties close to the age of majority does not invoke provisions of POCSO Act, and medical age determination takes precedence over educational documents for assessing age of victim.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution must establish guilt beyond a reasonable doubt, with sufficient and credible evidence; failure to do so invalidates a conviction.
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 conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The main legal point established in the judgment is the reliance on school records, legal precedents, and medical evidence to establish the victim's age and prove the aggravated penetrative sexual as....
The judgment establishes the importance of proving the victim's age in cases of sexual offenses against minors and highlights the legal provisions under the POCSO Act and the Indian Penal Code for de....
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