
Prayagraj, August 01 (HS): The Allahabad High Court has
dismissed the appeal of Veer Raidas, convicted in a POCSO case in Banda
district, and upheld the trial court's sentence of ten years' rigorous
imprisonment. A single bench of Justice Tej Pratap Tiwari delivered the
verdict.
The case dates back to April 5, 2016, when the victim's
father filed a report at the Kotwali Nagar police station in Banda, alleging
that his 14-year-old daughter was missing from his home after returning from
the fields. Upon investigation, it was discovered that the accused had taken
her with him. Family members recovered the victim at the accused's home,
bleeding profusely. She told her father that the accused had raped her. The
case was tried under sections 376, 506 of the Indian Penal Code, and section 4
of the POCSO Act. On January 2, 2021, the Additional Sessions Judge IV, Banda
(POCSO Special Court), convicted the accused and sentenced him to ten years of
rigorous imprisonment and a fine of Rs. 50,000. The accused appealed against
this appeal in the High Court.
The defense challenged the sentence based on the victim's
age, contradictions in her statements, prior animosity, and the lack of a DNA
test. However, the High Court found the victim to be a minor based on school
records, ossification tests, and the parents' testimony. The court stated that
the victim's statement was credible and fully corroborated by medical evidence,
and that the lack of a DNA test did not weaken the prosecution's case. Based on
these facts, the court dismissed the appeal and upheld the lower court's
decision.
Hindusthan Samachar / Abhishek Awasthi