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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
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 convicted for the offence said to be committed by him attracting the ingredients of Section 4 of the POCSO Act, but none of the witnesses have supported the prosecution version.
3. It has been contented that the basis of conviction is the testimony of the P.W.-1 having been corroborated by the other witnesses, but if the testimony of the P.W.-1-victim will be taken into consideration, it cannot be said that the ingredient of Section 4 of the POCSO Act is being attracted.
4. Learned counsel for
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emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.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.
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