Dismissal of Appeal in POCSO Case: Shambhu Yadav vs. State of Bihar.


18 June 2025 POCSO >> Criminal Law   |   Rape >> Criminal Law  

The Supreme Court has dismissed a Special Leave Petition filed by Shambhu Yadav, upholding his conviction and life sentence for the sexual assault of an 18-month-old minor. The petitioner challenged the judgments of both the Ld. Additional Sessions Judge and the High Court of Judicature at Patna, which found him guilty under Section 376(3) of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The prosecution's case stemmed from an incident on June 4, 2018, when the victim's mother, Lalita Devi, discovered the accused sexually assaulting her one-and-a-half-year-old daughter. The mother's immediate actions and subsequent report led to the lodging of an FIR. Medical examination revealed perineal tear and abrasions around the anus of the victim, indicating recent sexual assault.


 

 

Throughout the trial, 13 prosecution witnesses, including the victim's parents and medical professionals, testified and remained steadfast despite extensive cross-examination. Defence witnesses attempted to introduce theories of injury by scratching or a land dispute, which were rejected by the courts.

Both the Trial Court and the High Court meticulously evaluated the evidence, concluding that the prosecution had established its case beyond a reasonable doubt. The High Court specifically noted the "horrendous act" committed by the accused, emphasizing that he deserved no leniency.

The Supreme Court, after reviewing the records, found no reason to deviate from the concurrent findings of the lower courts. The Court particularly highlighted the consistent and trustworthy testimony of the victim's mother and the corroborating medical evidence, which clearly established the sexual assault and the accused's involvement. The court specifically addressed the defense's attempt to selectively interpret medical evidence, stating that the full medical reports, including findings of a 2nd-degree perineal tear and abrasions, unequivocally supported the prosecution's claims, especially given the victim's tender age.


Section 4, Protection of Children from Sexual Offences Act - 2012  

Protection of Children from Sexual Offences Act, 2012  

Section 376., Indian Penal Code - 1860  

Indian Penal Code, 1860