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BIBHAS RANJAN DE
Kartick Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Bibhas Ranjan De, J.—Allegation of this case was put into motion by lodging of a complaint by the mother of the victim X addressed to the Officer-in-Charge of Kalna Police Station, Purba Bardhaman stating inter alia that on 17.08.2018 at about 8 a.m. the father of the victim X, being a priest, on his way to perform puja dropped his daughter/victim X to her school and also, the complainant and her mother-in-law went out in order to prepare ‘bhog’ for puja. The victim X, being a student of class III, aged about 9 years came back to her house on that relevant day at 12 noon as the school was closed early on account of the death of former Prime Minister. Resultantly, she was all alone in her house at that point of time on that relevant day. One neighbor, namely Kartick Mondal in absence of the guardians of the victim X in order to take advantage of the loneliness of the victim girl entered into their house and with an ulterior motive sexually assaulted the victim X by touching different parts of her body and also tried to forcibly kiss her. Feeling embarrassed, victim X tried to resist the accused and threatened him to disclose the same to her parents if he did not leave their
Sexual assault on girl child – Embellishment and contradiction is bound to appear in evidence given by a girl of nine years after two years of incident.
The reliability of the victim's testimony and other witnesses' evidence, and the consideration of the delay in lodging the FIR in cases of sexual assault.
The central legal point established in the judgment is the interpretation of sexual assault under the POCSO Act, emphasizing the essential ingredients for the offence and the principle of 'Ejusdem-ge....
The main legal point established in the judgment is the reliance on consistent evidence and medical reports to prove the offense of sexual assault, while disbelieving the appellant's defense.
The court affirmed that the prosecution established the minor's sexual assault under POCSO, requiring the accused to disprove presumption of guilt, which he failed to do, thus affirming the convictio....
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