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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., PRADEEP KUMAR SRIVASTAVA, J.
Amitabh Dutta – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. interlocutory application for suspension of sentence. (Para 1) |
| 2. challenging the prosecution's case and evidence. (Para 2 , 3 , 4 , 5 , 6) |
| 3. support for prosecution's case by victim and witnesses. (Para 8 , 10 , 11 , 12) |
| 4. respondent counters with consistent prosecution version from the victim. (Para 9 , 13) |
| 5. court's evaluation of age assessment evidence. (Para 14 , 15 , 16 , 17 , 18) |
| 6. court's determination on the prima-facie case. (Para 19 , 20 , 21) |
| 7. dismissal of interlocutory application. (Para 22 , 23) |
JUDGMENT :
1. The instant interlocutory application has been filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence dated 19.11.2024 passed by the learned Special Judge-POCSO Act, Dhanbad in Special (POCSO) Case No.62 of 2022, in connection with Bankmore P.S. Case No.311 of 2021, whereby and whereunder, the appellant has been sentenced to undergo R.I. for 20 years along with fine of Rs.10,000/- for the offence under Section 6 of the POCSO Act and in default of payment of fine, he shall further undergo one month additional imprisonment.
2. It has been contended by Mr. Prakhar Harit, learned counsel for the appellant
The court upheld the trial court's ruling on the victim's age being conclusively established by credible evidence, validating the conviction under the POCSO Act based on consistent testimony.
The assessment of age under the POCSO Act requires definitive documentation, and without it, establishing culpability is not achievable; consent plays a critical role in applying IPC provisions.
Consent has no legal value in cases of minors under the POCSO Act; conclusive age evidence must come from valid and verified sources.
The absence of conclusive proof of the victim's age and the consensual nature of the relationship justified the suspension of the sentence under the POCSO Act.
The prosecution must prove the victim's age in cases involving sexual offences; failure to do so can lead to suspension of sentence.
The court affirmed that consent is irrelevant if the victim is a minor, emphasizing that credible evidence, especially concerning age, is paramount in cases under the POCSO Act.
The court determined that the lack of conclusive evidence regarding the victim's age justified the suspension of the applicant's sentence.
Where there are conflicting views on the age of the victim, the more favorable view for the accused should be adopted, leading to suspension of sentence.
In cases involving sexual assault of minors, the consistent testimony of the victim, corroborated by medical evidence, is sufficient for conviction, and such conviction justifies denial of suspension....
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
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