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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA, JJ.
Pannulal Marandi, S/o. Chhotka Manjhi @ Chotka Manjhi @ Chotka Marandi - Appellant
Versus
The State of Jharkhand – Respondent
Cr. Appeal (DB) No. 48 of 2025
Decided On : 27-02-2025
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 430(1) - POCSO Act - Conviction under Section 4(2) of the POCSO Act for a 20-year sentence with a fine of Rs. 20,000/- - Conviction based solely on ocular evidence without physical signs of assault - Court held that lack of medical evidence is immaterial given the victim's consistent testimony. (Paras 1, 2, 5, 6, 8)
(B) Suspension of Sentence - The court determined that the case did not warrant suspension of the sentence pending appeal, emphasizing the consistency of the victim's testimony and the nature of the evidence presented. (Paras 2, 8)
Facts of the case:
The appellant was convicted and sentenced for an offence under the POCSO Act based on the testimony of a 13-year-old victim, despite the absence of physical evidence of assault. The appeal for suspension of the sentence was made on the grounds of insufficient evidence.
Findings of Court:
The court found that the victim's consistent testimony supported the prosecution's case, and the absence of medical evidence did not undermine her credibility.
Issues: The main issue addressed was whether the absence of medical evidence of sexual assault justified the suspension of the sentence.
Ratio Decidendi: The court concluded that the victim's consistent testimony was sufficient to uphold the conviction, and the lack of physical evidence did not warrant suspension of the sentence.
Result: Instant interlocutory application being I.A. No. 68 of 2025, is hereby, rejected.
JUDGMENT :
I.A. No. 68 of 2025
1. The instant interlocutory application has been filed under Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 25.06.2024 and order of sentence dated 03.07.2024 passed by the learned Additional Sessions Judge-III-cum-Special Judge, POCSO Act , Hazaribag in Special POCSO Case No. 19 of 2021 arising out of Charhi P.S. Case No. 61 of 2020, whereby and whereunder, the appellant have been convicted and sentenced to undergo Rigorous Imprisonment for 20 years & a fine of Rs. 20,000/- for the offence punishable under Section 4(2) of the POCSO Act .
2. It has been contended by the learned counsel appearing for the appellant that the conviction is based only upon the ocular evidence. According to the applicant, the doctor has not found any sign of sexual assault said to attract the core of the POCSO Act . Therefore, it is a fit case for the suspending the sentence while the appeal is lying pending.
3. While, on the other hand, Mr. V.S. Sahay, learned Additional Public Prosecutor appearing for the State has vehemently opposed the prayer for suspension of sentence.
4. This Court has heard the learned counsel for the parties, gone across the finding recorded by the learned trial court in the impugned order, the testimony available in the Lower Court Records and the other material exhibits as available therein.
5. We have considered of testimony of the victim, who has been examined as PW 9, who have fully supported the prosecution version. It is evident from her testimony that she remained consistent in her statement recorded under Section 164 of Cr.P.C. and in the testimony particularly in the cross-examination also.
6. The question which has been raised is that the doctor has not found any sign of sexual assault will be immaterial in view of the fact that the occurrence took place on 06.07.2020 while the victim was examined on 07.07.2020.
7. In view of the fact that the victim, who happens to the age of 13 years, after being assessed by the doctor with radiological examination, is fully supported the prosecution version.
8. This Court, therefore, is of the view that it is not a fit case where the sentence is to be suspended.
9. Accordingly, the instant interlocutory application being I.A. No. 68 of 2025, is hereby, rejected.
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
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 court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
The court affirmed conviction based on corroborative evidence from FSL reports, despite contradictions in medical testimony, establishing that consistent witness accounts support the prosecution's na....
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.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
The court ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
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....
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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