Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SUJIT NARAYAN PRASAD, MR. JUSTICE NAVNEET KUMAR, JJ
Sulendra Singh @ Guddu Singh @ Surendra Singh S/o Nilambar Singh – Appellant
Versus
State Of Jharkhand – Respondent
ORDER :
I.A. No.12652 of 2024
This instant interlocutory application has been filed under Section 430 of BNSS for suspension of sentence, against the Judgment of conviction dated 13.06.2024 and order of sentence dated 21.06.2024 passed by learned A.J.C.-IVcum Special Judge-POCSO, Ranchi, in connection with POCSO Case No.32 of 2021, arising out of Jagarnathpur P.S. Case No.456 of 2020, whereby and whereunder the appellant has been convicted for the offence u/s 376(D) of Indian Penal Code & under Section 6 of POCSO Act and sentenced to undergo R.I. for 20 years and fine Rs.10,000/- and in default of fine, S.I. for six months for the offence under Section 6 of the POCSO Act. There is no separate sentence u/s 376 (D) of Indian Penal Code in light of section 42 of POCSO Act.
2. Mr. Anil Kr. Ganjhu, learned counsel appearing for the appellant has contended that it is case where the prosecution has miserably failed in establishing the charge beyond all reasonable doubt. The basis for making such submission is that if the testimony of the victim will be taken into consideration, she has not supported the prosecution version, particularly while recording the statement under Section 164 of Cr.P
Victim's consistent testimony can uphold a conviction for penetrative sexual assault despite contradictions in prior statements and the absence of DNA evidence.
Accused’s conviction upheld due to corroborative victim testimony and DNA evidence, demonstrating the sufficiency of evidence in sexual offense cases.
Presence at the crime scene can establish complicity under the POCSO Act, irrespective of whether physical acts are established.
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....
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 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.
The court ruled that without credible evidence or reliable testimony, suspicion alone cannot support a conviction under the POCSO Act.
The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
Prosecution must establish essential elements of charges beyond reasonable doubt; inconsistencies and lack of corroboration lead to acquittal.
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
