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BIBEK CHAUDHURI
Sayan @ Falguni Bauri – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Bibek Chaudhuri, J. - The instant appeal is directed against judgment and order of conviction and sentence dated 6th September, 2019 and 7th September, 2019 respectively passed by the Learned Additional Sessions Judge, Khatra in the district of Bankura in Special Case No. 6/2018 convicting the appellant for committing offence under Section 376 of the Indian Penal Code as well as Section 4 of POCSO Act, 2012. The appellant was further convicted for committing offence under Section 417 of the Indian Penal Code. For the offence under Section 376 of the Indian Penal Code as well as Section 4 of the POCSO Act, the Learned Trial Judge handed down sentence to the appellant for rigorous imprisonment for seven years with fine of Rs.50,000/-, in default, to suffer further imprisonment for three months. For the offence under Section 417 of the Indian Penal Code the appellant was sentenced to suffer rigorous imprisonment for one year with fine of Rs.10,000/-, in default, simple imprisonment for one month. The aforesaid judgment and order of conviction and sentence is assailed in the instant appeal.
2. Vide order dated 13th April, 2022 this Court dispensed with the formality the preparat
Rape of minor girl - Conviction set aside - Subsequent refusal to marry cannot be come within the purview of cheating.
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
Point of law: Since the appellant/accused had made the victim pregnant by his act of penetrative sexual assault the offence under Section 5(j)(ii) of the POCSO Act is also attracted and conviction of....
The prosecution bears the burden of proving the victim's age in cases involving the POCSO Act, and failure to do so undermines the validity of charges related to sexual offences against minors.
The determination of a victim's age, especially in cases involving minors, relies on the presumption of minority based on credible evidence such as school records and medical examination. The evident....
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