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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, JJ
Baula Singh @ Largu Singh, son of Lalu Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 13108 of 2024
1. The instant interlocutory application has been filed under Section 430(1) of BNSS, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 06.09.2024 and order of sentence dated 12.09.2024 passed by the learned Special Judge, POCSO Act , Khunti in connection with POCSO Case No. 32 of 2022 arising out of Rania P.S. Case No. 53 of 2022, whereby and whereunder, the appellant have been convicted and sentenced with Rigorous Imprisonment for twenty years for the offence punishable under Section 6 of POCSO Act along with fine of Rs. 50,000/- and in default of payment of fine, the appellant has further been directed to undergo SI for six months.
2. It has been contended by the learned counsel appearing for the appellant that it is a case where conviction is passed solely based upon the testimony of PW 3, the child having the age of 5 years.
3. It has further been contended that the parameters as provided under Section 118 of the Evidence Act read with Section 4 of the Oaths Act regarding the assessment of the child to tender her testimony has not been properly taken into consideration.
4. Further, the learned counsel has
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 the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
Consent has no legal value in cases of minors under the POCSO Act; conclusive age evidence must come from valid and verified sources.
Conviction based solely on examination-in-chief without considering cross-examination violates principles of fairness and transparency in criminal jurisprudence.
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.
The court upheld the conviction under sexual assault laws despite challenges regarding the victim's age, emphasizing the credibility of the victim's testimony.
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.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
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