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JOYMALYA BAGCHI, BIVAS PATTANAYAK
Raj Kumar Pal @ Palan – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J. - With the consent of the parties, the appeal is taken up for hearing. The appeal is directed against the judgment and order of conviction and sentence dated 25.11.2014 and 26.11.2014 respectively passed by the learned additional District & Sessions Judge, 2nd Court, Krishnagar, Nadia, in Sessions Trial Case No. 1(IX) of 2014 arising out of Sessions Case No. 3(2) of 2014 (Spl.) convicting the appellant for commission of offence punishable under Section 376(2)(i) of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offences act and sentenced him to suffer imprisonment for ten years and to pay a fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for a period of three months more.
Prosecution case, as alleged, against the appellant is to the effect that on 05.05.2013 at 3.30 p.m. minor daughter of the de facto complainant/P.W. 1 was subjected to penetrative sexual assault by the appellant who is the uncle of the father of the victim. Minor girl disclosed the incident to her mother and F.I.R. came to be registered. Victim was medically treated at aronghata B.P.H.C. and then at Ranaghat S.D. Hospital. Her statement
The main legal point established in the judgment is the reliability of the victim's testimony, the significance of corroborating evidence, and the interpretation of medical evidence in cases of sexua....
Corroboration of the victim's testimony by other witnesses and the interpretation of medical evidence in cases of minor rape are crucial in establishing guilt.
The central legal point established in the judgment is the reliance on clear and consistent testimony, medical evidence, and witness statements to establish the nature of the offense and modify the c....
The evidence of a rape victim should be treated on par with an injured witness, and mere penetration is sufficient to constitute rape.
The judgment established that evidence of penetration, even of the slightest degree, is necessary to establish the offence of rape under Section 376(2)(f) of the Indian Penal Code.
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The significance of medical evidence in cases of sexual assault on minors, and the interpretation that even slight penetration can lead to inflammation, supporting the victim's testimony.
The main legal point established in the judgment is the reliance on the convincing testimony of the minor victim and corroborating evidence to uphold the conviction, despite the appellant's defense o....
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