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DEBANGSU BASAK, BIBHAS RANJAN DE
Digen Mandal – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Bibhas Ranjan De, J. - This is an appeal against the judgement and orders of conviction and sentenced under Section 6 of the Protection of Children from Sexual Offence Act 2012 passed by the Ld. Special Court, (Additional District Judge 2nd Court) at Malda (Sadar) in Sessions trial no. 164 of 2016 (POCSO Case No 75 of 2016) arising out of English Bazar women PS case no. 114116 dated 1.05.2016.
Prosecution case in Brief:
2. One Bina Mondal (PW-2) lodged a written complaint on 01.05.2016 before inspector in charge English Bazar Women Police Station, District Malda alleging inter alia that on 01.05.2016 at about 12.00 hours her daughter and son in law going to working filed leaving their minor daughter (victim) alone at home. After returning home they noticed their daughter lying on the bed. On being asked victim revealed that appellant (Digen Mondal) took her to his bed room and made her lying flat on his bed and raped on her. When she tried to make noise appellant pressed her mouth. Thereafter, appellant fled away from his room leaving the victim on his bed alone. Victim then returned to her house.
3. On receipt of the complaint English Bazar women PS case no. 114116 was starte
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 main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
In sexual assault cases involving minors, the victim's testimony holds significant weight and need not be corroborated unless substantial reasons exist; even minimal penetration suffices to establish....
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 presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
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