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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Pradeep Kumar Srivastava
Ram Bilas Yadav – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
I.A. No. 1593 of 2025
1. The instant interlocutory application has been filed for keeping the sentence in abeyance in connection with the judgment of conviction dated 16.09.2022 and order of sentence dated 27.09.2022 passed by the learned Additional Sessions Judge-1-cum-Special Judge (POCSO) Act, Koderma in connection with Special POCSO Case No.06 of 2021, whereby and whereunder, the appellant has been convicted under section 376(AB) of the IPC and under Section 4 (2)of the POCSO Act as also Section 6 read with section 5(m) of the POCSO Act and sentenced to undergo RI for 25 years and a fine of Rs.25,000/- for the offence under Section 376(AB) of the IPC and in default of payment of fine further directed to undergo SI for two years, RI for 22 years and a fine of Rs.15,000/- for the offence under section 4(2) of the POCSO Act and in default of payment of fine further directed to undergo SI for one year, and all the sentences will run concurrently. However, no further sentence is awarded to the appellant under Section 6 read with Section 5 (m) of the POCSO Act in view of section 42 of POCSO Act.
2. It has been contended on behalf of the applicant that the applicant has falsely b
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 consistent testimony of a victim can uphold a conviction under the POCSO Act, regardless of the absence of physical evidence of assault.
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....
A victim's testimony can be sufficient for conviction in sexual assault cases if it is credible, even if medical evidence is inconclusive.
The court emphasized that suspension of sentence post-conviction requires strong reasons, as the presumption of innocence is no longer applicable.
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 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 court confirmed that the absence of conclusive evidence affects the conviction while providing bail pending appeal regarding serious charges.
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