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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., SANJAY PRASAD, J.
Vikas Kumar @ Botal son of Late Kuttu Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 9846 of 2024:
1. The instant interlocutory application has been filed on behalf of appellant under Section 430 (1) of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence in connection with judgement of conviction dated 24.05.2024 and order of sentence dated 03.06.2024 passed by the learned Additional Sessions judge-I-cum-Special Judge, POCSO Act, Koderma in Special POCSO Case No.05 of 2022 arising out of Telaiya P.S. Case No. 40 of 2022, whereby and whereunder, the appellant has been convicted and sentenced to undergo rigorous imprisonment for maximum 22 years along with fine of Rs.20,000/- and in default of payment of fine, has further been directed to undergo simple imprisonment for one year.
2. It has been contended on behalf of the appellant that it is a case where the testimony of the victim, which is the sole basis of conviction, is not being corroborated by the testimony of the doctor.
3. It has further been contended that there is no eye witness to the occurrence.
4. Learned counsel for the appellant, based upon the aforesaid ground, has submitted that it is therefore, a fit case where the sentence is to be suspended during pendency of the i
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.
Accused’s conviction upheld due to corroborative victim testimony and DNA evidence, demonstrating the sufficiency of evidence in sexual offense cases.
The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
The court ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
The court upheld the conviction for gang rape based on credible victim testimony, ruling that contradictions and co-accused acquittals do not automatically justify sentence suspension.
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.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
Conviction based solely on examination-in-chief without considering cross-examination violates principles of fairness and transparency in criminal jurisprudence.
The court ruled that the appellant failed to establish a prima facie case for suspension of sentence, as the victim's testimony was corroborated by medical evidence.
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