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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Sabitri Chakraborty – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J. - Appeal is directed against the judgment and order dated 31.08.2018 and 01.09.2018 passed by the learned Additional District and Sessions Judge, Bench - II, City Sessions Court, Bichar Bhawan, Calcutta in Sessions Trial No. 01 (07) of 2013 arising out of Sessions Case No. 31 of 2013 convicting the appellant and one Manowar Bibi for commission of offence punishable under Sections 344/120B and 366A/120B of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years each and to pay fine of Rs.3,000/- each, in default, to suffer simple imprisonment for three months more for the offence punishable under Section 344/120B of the Indian Penal Code and also to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/- each, in default, to suffer simple imprisonment for one year more for the offence punishable under section 366A of the Indian Penal Code; both the sentences to run concurrently.
2. On 30.11.2012 Joint C.P., Crime received a complaint from one Hasina Begum and her husband Noor Islam that their minor daughter had been bought by the appellant and was being used for prostitution. On the basis of such complaint
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....
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 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.
The court upheld the convictions for trafficking and sexual exploitation of minors, emphasizing the reliance on medical evidence for age determination in the absence of official documents.
The court reaffirmed that a minor's consent is irrelevant in sexual offences, highlighting that inducement under IPC Section 366A is sufficient for conviction, while conviction under Section 372 requ....
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.
The credibility of a minor witness, establishment of common intention, and proof of continuous torture under Section 498a/302/34 IPC were the central legal points established in the judgment.
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