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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
State Of West Bengal – Appellant
Versus
Pranab Roy – Respondent
JUDGMENT
Joymalya Bagchi, J. - This appeal is directed against the judgment and order dated 18.04.2018 and 19.04.2018 passed by learned Additional District & Sessions Judge, 2nd Court, Tamluk, Purba Medinipur in Sessions Trial No. 5(7)15 arising out of Sessions Case no. 434(Nov.)14 convicting the appellant for commission of offences punishable under sections 376A/302 IPC and section 14(1) of Child Labour (Protection) Act [sic Child Labour (Prohibition and Regulation) Act, 1986 (for short, 'Act of 1986')] and sentencing him to death subject to the confirmation by this Court.
2. The appeal and the Death reference have been heard analogously and have been disposed of by this judgment and order.
Prosecution case:-
3. Victim was a 12-year old girl. One month prior to the incident she was employed in the house of the appellant as a full time domestic help. On 23.05.2012 at about 1:00 pm her father P.W. 1 got information the victim had been admitted at Tamluk District Hospital. He rushed to the hospital and saw his daughter writhing in pain. She was unable to speak but pointed to her chest. Appellant was present at the spot. He disclosed the victim had consumed poison. He also assured P.W. 1
The main legal point established in the judgment is the reliance on witness testimony, medical reports, and the appellant's conduct to establish guilt for rape and murder, leading to the imposition o....
Sentence must be based on comparative analysis of aggravating and mitigating circumstances.
The credibility of witnesses and corroborative evidence, such as medical examination, are crucial in establishing guilt in sexual offence cases involving minors.
The reliability of a victim's testimony, corroboration from other witnesses, and the credibility of the defendant's defense are crucial in cases of sexual assault.
(1) Penetrative sexual assault on girl child – Evidence of approximate age of victim would not be sufficient to any conclusion about exact age of victim.(2) Medical examination of accused of rape is ....
The presumption under the POCSO Act is rebuttable and requires foundational facts to be established beyond reasonable doubt for conviction.
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