Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., SANJAY PRASAD, J.
Akash Paswan @ Prem Paswan, s/o Ram Vilash Paswan – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. details of interlocutory application and sentencing. (Para 1) |
| 2. defense arguments on lack of witness support. (Para 2 , 3 , 4) |
| 3. arguments regarding the victim's testimony and existing conviction. (Para 5) |
| 4. prosecution arguments supporting the conviction. (Para 6 , 7 , 8 , 9 , 10) |
| 5. court's analysis of witness testimony. (Para 11 , 12 , 13) |
| 6. court's decision on suspension of sentence. (Para 14 , 15 , 16) |
| 7. final remarks on procedural matters. (Para 17 , 18 , 19 , 20 , 21) |
Order :
I.A. No. 12140 of 2024
1. The instant interlocutory application has been filed under Section 4 30 (2) of the BNSS for suspension of sentence dated 10.06.2024 passed by learned Additional Sessions Judge-I-cum-Special Judge, Children at Dhanbad, in connection with Children Case No. 05 of 2022 arising out of Kenduadih P.S. Case No. 122 of 2020 whereby and whereunder, the appellant has been sentenced to undergo R.I. for five years and fine of Rs. 5,000/- for the offences under Section 366 of the INDIAN PENAL CODE and life imprisonment with fine of Rs. 10,000/- under Section 4 of the POCSO Act.
2. Learned counsel for the appellant has contended that it is a case where the appellant has been c
The court ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
Conviction based solely on examination-in-chief without considering cross-examination violates principles of fairness and transparency in criminal jurisprudence.
The court affirmed the conviction under the POCSO Act, ruling that the trial court properly assessed the competency of the child witness, whose consistent testimony supported the prosecution's case.
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.
The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
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 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 suspended the applicant's sentence due to the lack of confidence in the victim's testimony and the backlog of pending appeals.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
