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PATNA HIGH COURT
MR. BIBEK CHAUDHURI, MR. DR. ANSHUMAN, JJ
Pawan Kumar Mandal – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of appeal and conviction (Para 1 , 2) |
| 2. factual background of the allegation (Para 3 , 4 , 5 , 10) |
| 3. evidence and medical examination findings (Para 9 , 12) |
| 4. arguments on consent and prosecution burden of proof (Para 13 , 14 , 15 , 21 , 34) |
| 5. supreme court precedents on age determination (Para 16 , 27 , 41 , 42) |
| 6. legislative intent and vulnerability of minors (Para 37 , 39) |
| 7. outcome of the appeal (Para 44 , 45 , 46 , 47) |
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
Date : 16-12-2025
Judgment of conviction, dated 12.03.2019 and Order of sentence, dated 16.03.2019, passed by the learned Additional District and Sessions Judge-I-cum-Special Judge (POCSO Act), in GR No. 1508 of 2016, arising out of Bhagalpur Mahila Police Station Case No. 22 of 2016, whereby and whereunder, the appellant was guilty and convicted under Section 235 of the Cr.P.C. for committing offence under Section 4 of the POCSO Act and thereby sentenced to suffer rigorous imprisonment for life with fine of Rs 50,000 in default rigorous imprisonment for one year.
2. The judgment of conviction and order of sentence is under challenge in the instant appeal.
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