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Documents citing Md. Islam vs The Bihar State Electricity Board on 23 August, 2022

Suraj Sahni vs The State Of Bihar on 23 January, 2024

4. The main submissions advanced by learned counsel for the appellant are that the appellant's conviction for the offence punishable under Section 4 of the POCSO Act is completely illegal as during trial, the prosecution did not succeed to prove the victim's minority rather as per medical evidence, the victim's age was assessed between 19 to 20 years, though during trial, the prosecution produced victim's school leaving certificate purported to have been issued by government senior secondary school, Geherwin, Dist- Bilaspur, Himachal Pradesh but that was marked as Ext. P-2 with objection made by the appellant and thereafter, the learned trial court did not verify the said document so the victim's age shown in said documentary evidence is unreliable and as per the allegation, the victim was taken by the appellant at several places where the accused/appellant forcefully established sexual relation with her but from the evidence of investigating officer, it is clearly evident that the prosecution failed to establish any of the places of occurrence before the trial court and it is evident from the evidence of prosecution witnesses, who are relatives of the victim, that there was a dispute of permission for supply of electricity through the land of the appellant, in between the Patna High Court CR. APP (SJ) No.5059 of 2023(6) dt.23-01-2024 3/4 appellant's family and the victim's family and the same was main reason to lodge a false case against the appellant. Further submissions are that there is serious contradiction in between the statement of the victim recorded by her before the Judicial Magistrate under Section 164 of Cr.P.C. and her evidence deposed before the trial court. Further submission is that the appellant has been languishing in jail since 09.08.2021 and there is no chance of early hearing of his appeal. Furthermore, as per the evidence of the investigating officer, the victim was produced by her relatives at the police station which goes to show that she was not recovered from the custody of the appellant. Learned counsel for the appellant has placed reliance upon the judgment of Hon'ble Division Bench of this Court passed in the case of Md. Islam vs. The State of Bihar in Cr. App (DB) No. 1031 of 2019 in support of his plea as to the illegality of conviciton of the appellant under Section 4 of POCSO Act by the trial court.
Patna High Court - Orders Cites 6 - Cited by 0 - S Singh - Full Document
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