IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., PRADEEP KUMAR SRIVASTAVA, J.
Injmamul Haque @ Inzamamul Haque, Son Of Shamsad Ali – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
I.A. No. 4778 of 2024
1. The instant interlocutory application has been filed on behalf of appellant for suspension of sentence dated 20.03.2024 passed by the learned Special Judge (POCSO Act), Bokaro in Special POCSO Case No. 16 of 2023 whereby and whereunder, the appellant was directed to undergo R.I. for 7 years and fine of Rs.5,000/- and in default of payment of fine S.I. for 3 months and further R.I. for 20 years with fine of Rs.10,000/- and in default, to undergo S.I. for 6 months under sections 17/6 of POCSO Act.
2. It has been contended on behalf of the appellant that there is no allegation said to be direct in nature, so far as the offence said to be committed by the present appellant to attract the ingredient of section 6 of POCSO Act.
3. Learned counsel for the appellant has submitted that if the entire story as per the prosecution version even will be accepted then also there is no allegation of commission of sexual assault by the present appellant but even then the appellant has been convicted under section 17/6 of POCSO Act along with Sections 366A, 376(3) r/w 34 of the I.P.C.
4. Learned counsel for the appellant, on the aforesaid premise, has submitted that it
Facilitating the commission of a sexual offense can invoke liability under POCSO even without direct allegations of sexual assault against the accused.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
The court's decision on the application for suspension of sentence was influenced by the conviction for the offence of sexual assault upon a minor girl and the lack of evidence to support the claim o....
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....
Accused’s conviction upheld due to corroborative victim testimony and DNA evidence, demonstrating the sufficiency of evidence in sexual offense cases.
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 court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
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.
Consent has no legal value in cases of minors under the POCSO Act; conclusive age evidence must come from valid and verified sources.
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