Document Fragment View
Fragment Information
Showing contexts for: pocso act sec 11 in Sudhakar Jha vs The State Of Bihar on 15 November, 2022Matching Fragments
10. The trial court, upon analysis and scrutiny of the evidence adduced at the trial, held the appellant guilty of the offences punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.
11. Mr. Bharat Bhushan, learned counsel appearing on behalf of the appellant has submitted that the finding recorded by the trial court holding the appellant guilty of the offences is patently erroneous and unsustainable. He submits that though the prosecution failed to establish commission of offence by the appellant punishable under Section 4 of the POCSO Act and Section 376 of the I.P.C., the trial court, based on the evidence of the victim, who was admittedly of unsound mind, has held the appellant guilty. He has further submitted that the occurrence of rape according to the prosecution had taken place on 02.04.2015. The victim, who was a minor, was subjected to medical examination on the very next day. Her age has been found, upon medical examination, to be less than 12 years. The Doctor, Patna High Court CR. APP (DB) No.1230 of 2019 dt.15-11-2022 however, upon examination held on 03.04.2015 found no sign of rape upon the victim. He has further submitted that though the clothes, which the victim was wearing on the date of occurrence, were seized by the police, the same were not sent for forensic examination which is a major lacuna in the prosecution's case as set out at the trial. He has referred to the evidence of the victim to submit that from her evidence itself it appears that she was not able to understand what she was stating before the court at the trial and her sole evidence ought not to have been the basis for the trial court to have held the appellant guilty of the offence. In support of his contention that failure on the part of the Investigating Agency to send the clothes of the victim for forensic examination was fatal to the prosecution's case, he has placed reliance on the Supreme Court's decision in case of Krishan Kumar Malik vs. State of Haryana reported in 2011(7) SCC 130.