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In Case Of Sexual assault the medical evidence is more important to prove the guilt of Accused- High court of Patna 

TITLE-LAXMAN YADAV VS THE STATE OF BIHAR

DECIDED ON- 1/12/2022

+CR APP (DB)793/2023

CORAM-HON’BLE JUSTICE CHAKRADHAR SHARAN SINGH AND HON’BLE JUSTICE SMT.G.ANUPAMA CHAKRAVARTHY

FACTS

As per the facts of the case the victim is of 10 years of age her mother is an informant.As victim narrated the incident to the mother i.e informant who states that on 17/02/2018 at around 12:30 The victim went to defecta to the field and later returning victim cried stating that one man with mustache who was in a field came to her,demanded her to cut the grass by threatening and asked to sit behind him.Then he asked about her parents name and threatened her that he would beat her if she raise cries and commited wrong acts on her.After knowing the fact The victim mother preferred to report to the police.Based on the report The SHO Registered the case for the alleged offences punishable under section 376 of IPC and under section ⅚ of the POCSO Act.As I.O after the investigation laid a charge sheet against the appellant for the offences aforesaid.The trail court took cognizance against the appellant vide order for the aforesaid offences and later charges were framed against the appellant and explained to be tried.The Accused pleaded not guilty and claimed to be tried. This appeal has been filed against the judgement and order of sentence passed by the exclusive special court (POCSO II) cum 7th Additional District and sessions judge, Bhagalpur convicted for the offences under section 376 of IPC and section 5 /6 of the POCSO Act.

Law Involved/ Legal Provisions

Section 376 of IPC and Section 5 and 6 of the POCSO Act

Where section 376 of IPC deals with the punishment for sexual assault .

Section 5 and 6 of the POCSO Act for regrious imprisonment for life with fine.

Issue framed

Whether the appellant convicted for the offence punishable u/s 376 of IPC and 5/6 of POCSO Act by the trail court is maintainable.

The Judgement/ Order passed by the Court

As per the Hon’ble court after perused the entire record court observed and state that in order to establish the offence under section 376 of IPC it is for the Prosecution to prove guilty of the accused beyond reasonable doubt,which is one of the cardinal principles of criminal justice system and the accused shall be presumed to be innocent.In a sexual assault the medical evidence is more important to prove the guilt of the accused.As per the court the medical evidence is not corroborating with the evidence of the Prosecution to prove the guilty of the accused and even there is no specific finding of the trial court that the victim was child as on the date of occurrence.Prosecution has failed to produce the age determination certificate before the court. Accordingly the appellant conviction for the offence punishable under section 376 of IPC and section 5 /6 of POCSO Act as recorded by the trial court is also not sustainable and the impunged Judgement of conviction and order of sentence deserves to be set aside.Accodingly the appeal is allowed and setting aside the judgement passed by the Additional District and sessions judge, Bhagalpur.

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Written by- Prachee 

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