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RONGON MUKHOPADHYAY, DEEPAK ROSHAN
State of Jharkhand – Appellant
Versus
Md. Rahet Seikh @ Kaluwa Seikh – Respondent
JUDGMENT :
R. Mukhopadhyay, J.
Heard Mr. Raja Ravi Shekhar Singh, learned counsel appearing for the appellant and Mr. Pankaj Kumar, learned P.P.
2. In Cr. Appeal (DB) No.47 of 2023 the appellant is aggrieved by the judgment and order of conviction and sentence dated 01.12.2022 (sentence passed on 12.12.2022) passed by Shri Sanjay Kumar Dubey, Learned Special Judge, POCSO Act, Rajmahal in POCSO Case No.65 of 2021 whereby and whereunder the appellant has been convicted for the offences punishable under Sections 302, 376(2)(i) of the I.P.C. and Section 6 of the POCSO Act and has been sentenced to rigorous imprisonment for life and a fine of Rs. One Lakh under Section 6 of the POCSO Act and in the event of nonpayment of fine, simple imprisonment of one year shall be served by him, rigorous imprisonment for life and a fine of Rs. One lakh for the offence under Section 376(2)(i) of the I.P.C. and in the event of non-payment of fine, simple imprisonment of one year shall be served by him and he has also been sentenced to death for the offence under Section 302 of the I.P.C.
3. The prosecution case arises out of the Fardbeyan of Balagat Sarfaraj recorded on 05.03.2015 at 00.30 hours at village
Point of Law : Contradictory statements regarding extra judicial confession made by the accused/appellant, we are of the view that such type of extra judicial confession has no such value in the eye ....
The judgment emphasizes the importance of considering the testimonies of witnesses, especially in child rape cases, and the need for proper legal protection for minor victims.
Point of Law : Evidence suggesting that the accused was seen in the company of the deceased on the date of occurrence can at best raise grave suspicion about his involvement but the same.
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
The main legal point established in the judgment is the requirement for corroborative evidence in circumstantial cases, the scrutiny of child witness testimony, and the application of the 'last seen ....
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