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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD
Albis Tigga, son of Late Tiras Tigga – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 763 of 2025
1. This interlocutory application has been filed for suspension of sentence dated 22.08.2023 passed by learned Additional Judicial Commissioner-IV- cum- Special Judge- POCSO, Ranchi in connection with Special POCSO Case no. 16 of 2020 arising out of Bero P.S. Case No. 132/2019, by which the appellant has been sentenced and directed to undergo R.I. for 25 years with fine of Rs.15,000/- for the offence under Section 6 of the POCSO Act and in default of payment of fine, further S.I. for six (06) months.
2. It has been contended by the learned counsel appearing on behalf of the appellant that the appellant has been falsely been implicated in the present case and the F.I.R has been instituted after delay of two (2) days which would be evident from the prosecution version.
3. It has been contended that if the testimony of witnesses will be taken together, it would be evident that the prosecution version has not been said to be supported since there is contradiction in their testimonies.
4. While on the other hand, Mr. Saket Kumar, learned Additional Public Prosecutor appearing for the State has vehemently opposed the prayer for suspension of sentence and submi
Accused’s conviction upheld due to corroborative victim testimony and DNA evidence, demonstrating the sufficiency of evidence in sexual offense cases.
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 court upheld the conviction for sexual offenses based on credible victim testimony and corroborative medical evidence, stating that delay in identification does not negate the validity of the pro....
The consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
Victim's consistent testimony can uphold a conviction for penetrative sexual assault despite contradictions in prior statements and the absence of DNA evidence.
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 ruled the victim's consistent testimony sufficiently supports conviction under the POCSO Act, thus rejecting the suspension of sentence.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
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....
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