Setting an example, Bihar¡¯s Araria POCSO court in October delivered quick justice. It heard a sexual assault case, examined witnesses, convicted the accused and pronounced the verdict on the same day, as per a News18 report.??
A man was convicted of raping an 8-year-old girl. He was sentenced to life imprisonment.
The sentence was passed on October 4 but the court order was released on November 26.?
"There is no bar on the pre-sentencing hearing taking place on the same day after passing the judgment of conviction if the accused and the prosecution are ready to submit their arguments," said Special POCSO Judge Shashi Kant Rai while referring to one of Supreme Court¡¯s observations in 2019.?
"The prosecution was fairly able to bring home the charge of section 376(AB) IPC and charge of section 6 of the POCSO Act against the accused namely Dilip Kumar Yadav beyond all reasonable doubt," he added.?
The court pronounced the accused guilty and then delivered the sentence.?
¡°Admittedly, in the case in hand, the entire case is based on circumstantial evidence as well as direct evidence. The testimony of the PW 1 who happens to be the victim of the case suggest that her testimonies are consistent in view of Section 161 and 164 of the Cr.P.C. Similarly, the statement of the mother and father of the victim is also consistent and no inconsistencies has been brought by the defence in the cross examination. The PW 6 is brother of the victim who seen the accused with her sister and he is also one of the injured witness as the accused slapped him before committing the shameful act with his sister and he fled away from the place of occurrence out of fear," read the court order.?
"I am of the opinion that the offence which have been committed by the accused who is aged about 30 years and age of the victim girl who is 8-9 years old who is about 20 years younger to accused who had not yet developed any sign of secondary sex, the accused does not deserve any leniency,¡± it also noted. ???
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