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JOYMALYA BAGCHI, BIBHAS RANJAN DE
Narottam Biswas – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J. - appeal is directed against the judgment and order dated 30.07.2013 passed by Learned additional Sessions Judge, 5th Court Krishnagar, Nadia in Sessions Trial No. XIII(Jan) 2013 arising out of Sessions Case No. 27(1) 2013 convicting the appellant for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and also pay a fine of Rs. 25,000/-, in default to suffer further rigorous imprisonment for one year more and with a further direction that the fine, if realized, be handed over to the victim girl.
2. Prosecution case as alleged against the appellant is to the effect that the victim girl (P.W. 7), aged around 7 years, along with her mother (P.W. 1) had been invited to attend the Boubhat ceremony of their neighbour, one Mohonlal Biswas. around 9 P.M. dancing and other celebrations were going on in connection with the marriage. Victim girl went out to call her friend Papiya to participate in the dance. Taking that advantage of the situation, appellant called her and told her to keep a bag in his house. Victim girl politely agreed. When she entered the room the appel
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.
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 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....
The factual foundations of the prosecution case must be established to attract the statutory presumption under Section 29 of the POCSO Act, and inconsistencies and contradictions in the victim's stat....
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....
The court upheld the conviction for attempted rape based on the victim's testimony, corroborated by a witness and medical evidence, despite challenges regarding contradictions and lack of penetration....
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