IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, PRAVEEN KUMAR
Md. Azim, son of Md. Moin – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
Heard learned counsel for the appellant, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. Records have been placed before this Court to consider the prayer of the appellant for suspension of his sentence and release on bail during pendency of the appeal.
3. The appellant has been convicted vide judgment dated 19.02.2025 and sentenced vide order dated 04.03.2025 in POCSO Case No. 108 of 2018, CIS No. 108 of 2018 arising out of Muffasil P.S. Case No. 364 of 2018 passed by learned Court of Special Judge, POCSO Court-cum-District and Additional Sessions Judge- VI, Gaya, for the offence punishable under Sections 376 AB of the Indian Penal Code (in short ‘I.P.C.’) and Section 06 of the POCSO Act and has been ordered to undergo rigorous imprisonment for life that means for remainder of that person’s natural life and a fine of Rs. 30,000/- for the offence under Section 06 of the POSCO Act.
4. The prosecution case is based on the written information submitted by the mother of the victim (PW-2). In her written information, she alleged that when she was outside her house on 13.10.2018 and had left behind her three mino
A prima facie evaluation necessitates bail when conflicting evidence undermines the prosecution’s case.
The conviction under POCSO was overturned due to delays in FIR lodging and inconsistencies in witness testimonies.
The court found prima facie evidence insufficient to uphold conviction, leading to the suspension of the appellant's sentence pending appeal.
The court determined that the appellant should not be granted bail during appeal due to the serious nature of the alleged crime and victim's vulnerability.
Suspension of sentence granted owing to lack of corroborative evidence and inconsistencies in the witness testimonies.
The court emphasized the need for accurate age assessment of minors in POCSO cases and the implications of evidentiary deficiencies on conviction.
Suspension of sentence granted based on inconsistent evidence regarding alleged rape, thus enabling bail.
The grant of bail is justified when medical evidence contradicts allegations of sexual assault.
The court considers the credibility of witness statements and the evaluation of evidence concerning minor status in sexual offense cases.
The court highlights the necessity of direct involvement evidence for conviction in serious criminal cases.
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