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BIBEK CHAUDHURI
Tarak Das – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Bibek Chaudhuri, J. - The accused suffered conviction and sentence in Special T.R Case No.28 of 2006 under Section 10 of the Protection of Children from Sexual Offences act (hereinafter POCSO act for short). The learned trial judge passed the order of sentence of imprisonment for six years and fine of Rs.20,000/-, in default of payment of fine, further imprisonment for five months.
2. The said judgment and order of conviction and sentence is assailed in the instant appeal. On 24th September, 2015 at about 10.20 pm at night, one Pradip Das lodged a complaint stating, inter alia, that his minor daughter aged about 11 years was a student of class-VI of a local school. She used to take tuition with other students from Tarak Das who used to reside at Das Para near Shani Temple. On 24th September, 2015 at about 10 am in the morning his daughter went to her private tutor to attend tuition class. at about 12 noon, the wife of the defacto complainant went to the house of the accused to bring her back, she found her sobbing and terrorized. On being asked, the daughter of the defacto complainant initially did not state anything. On repeated persuasion, at about 4 pm she informed that o
The importance of the victim's evidence, the inhumane mindset of the abuser, and the need for corroboration in cases of child sexual abuse.
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
The testimony of a child witness can be relied upon if corroborated by other evidence, and the presence of support persons does not imply tutoring.
For offences punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012, evidence of victim itself is sufficient – It does not need corroboration of te....
The central legal point established in the judgment is the careful evaluation of evidence, especially when dealing with the testimony of a young child, and the application of the burden of proof unde....
The judgment underscores the judiciary's role in protecting minors from sexual exploitation, emphasizing that substantial evidence is crucial for conviction under the POCSO Act.
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