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IN THE HIGH COURT OF JHARKHAND AT RANCHI
JUDGMENT :
It also appears that the Trial Court has committed error by referring the name of father and mother of the victim girl in the evidence and hence, learned Registrar (Judicial) is directed to inform the Trial Court to remain cautious and remain careful in future as there is complete prohibition for mentioning the name of the victim and her family members at the time of recording their evidence in light of the judgment rendered in the case of Nipun Saxena and Anr. Versus Union of India reported in (2019) 2 SCC 703.
2. This Criminal Appeal has been filed on behalf of the appellant by challenging the judgment of conviction dated 02.07.2025 and sentence dated 05.07.2025 passed in Special POCSO Case No. 154 of 2023 arising out of Argora P.S Case No. 328 of 2023 by Sri Birendra Kumar Srivastava, learned Additional Judicial Commissioner-IV-cum-Special Judge, POCSO, Ranchi by which the appellant has been convicted for the offence under Section 8 of the POCSO Act and sentenced to undergo R.I. for five (05) years and to pay the fine of Rs. 10,000/- (Rs. Ten Thousand). However, the appellant has been acquitted for the offences under Section 7 of the POCSO Act.
3. I.A No. 12805 of 2025 h
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
The conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
Prosecution must prove its case beyond a reasonable doubt; inconsistencies in victim's testimony and lack of corroboration led to acquittal.
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