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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Sanjay Prasad
Sanjay Kumar Saw – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Sujit Narayan Prasad, J.
I.A. No. 682 of 2025
Prayer
1. The instant interlocutory application has been filed on behalf of appellant under Section 4 30 of the BNSS , 2023 for suspension of sentence dated 29.08.2024 passed by the learned Additional Sessions Judge-I-cum-Special Judge, POCSO, Ramgarh in Special POCSO Case No. 23 of 2022, whereby and whereunder the appellant has been convicted for the offence punishable under Section 4 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 14 years and to pay a fine of Rs. 20,000/-; further convicted under Section 366 of the INDIAN PENAL CODE and sentenced to undergo Rigorous Imprisonment for 07 years and to pay a fine of Rs. 10,000/-. No separate sentence has been passed under Section 376 of the INDIAN PENAL CODE ; however, all the sentences have been directed to run concurrently. Further, the fine amount of Rs. 20,000 imposed under Section 4 of POCSO Act and the fine amount of Rs. 10,000/-imposed under Section 366 of INDIAN PENAL CODE will be paid to the victim to meet medical expenses and rehabilitation and in default of payment of fine of 20,000/- imposed under Section 4 of POCSO Act the appellant will undergo two
The court affirmed that consent is irrelevant if the victim is a minor, emphasizing that credible evidence, especially concerning age, is paramount in cases under the POCSO Act.
The court emphasized that significant inconsistencies in victim statements, delay in FIR, and lack of corroborative evidence led to the acquittal of the appellant in a sexual assault case.
The court established that the burden of proving a victim's age lies with the prosecution, and the absence of reliable evidence necessitates giving the benefit of doubt to the accused.
The court emphasized the necessity of proper age determination procedures under the Juvenile Justice Act, concluding that the prosecution failed to establish the victim's age as under 18, leading to ....
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
Consent of a minor has no consequence for offences under POCSO Act as well as Section 375 I.P.C.
Prosecution must establish victim's age and consent beyond reasonable doubt; reliance on unverified documents and lack of corroboration leads to acquittal in sexual assault cases.
The prosecution must prove foundational facts, including the victim's age, beyond reasonable doubt, even under statutory presumptions of the POCSO Act.
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