Back
BIBEK CHAUDHURI
Chitta Biswas – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1. The appellant faced conviction under the charge of Section 10 of the Protection of Children from Sexual Offences Act (hereafter described as the POCSO Act) and sentenced to suffer rigorous imprisonment for six years with fine of Rs.20,000/-, in default rigorous imprisonment for six months for the aforesaid offence passed in Sessions Trial No.III (X) of 2018 arising out Sessions Case No.7(08) of 2018 passed by the learned Additional Sessions Judge, 2nd Court at Krishnagar, Nadia. In the instant appeal, the convict/appellant has challenged the legality and correctness of the aforesaid judgment and order of conviction and sentence.
2. On the basis of a written complaint submitted by one Parimal Biswas alleging, inter alia, that on 18th August, 2018, his minor daughter aged about nine years went to the house of his brother Rahul Biswas to defecate as they had no toilet in their house at the relevant point of time. On her way to the house of her uncle, accused Chitta Biswas forcibly took her, behind the latrine situated beside the house of one Manoka @ Mannoda Patwary and pulled down her pant. The accused then opened his pant, touched the breast of the daughter of the defact
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....
Point of Law : On the analysis of the entire evidence on record, specifically the evidence as discussed above, the offence under section 6 of POCSO Act, 2012 has been proved against appellant beyond ....
Failure to disprove the accusations leads to conviction under the POCSO Act despite absence of physical evidence.
The main legal point established in the judgment is the duty of the prosecution to prove its case, the applicability of different legal provisions based on the victim's age, and the rebuttable presum....
The burden of proof lies with the prosecution, and statutory presumptions do not relieve the prosecution from proving its case. Witness testimonies and evidence must be conclusive to establish guilt.
Rape of girl child – It is very unlikely that a small girl of five years would have any grudge against Accused, or would concoct a false story of this nature.
The conviction under the POCSO Act was upheld amidst witness discrepancies, highlighting the importance of victim's consistent testimony; sentence was modified to five years for proportionality based....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
