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TIRTHANKAR GHOSH
Chandan Das alias Shibu – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Tirthankar Ghosh, J.
1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 01.09.2022 and 02.09.2022 passed by 2nd the learned Additional Sessions Judge, Court, Chinsurah, Hooghly in Sessions Trial (SPL) No. 24/19 arising out of Sessions Case (SPL) No. 29/18 wherein the learned Trial Court was pleased to convict the appellant under Sections 341/354/354B of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act and sentenced him to suffer as follows:
2) Simple Imprisonment for one month for commission of offence under Section 341 of the Indian Penal Code.
2. Mogra P.S. case no. 245/18 dated 05.09.2018 was registered for investigation under Section 341/354/354B of the Indian Penal Code and Section 8 of the POCSO Act on the basis of a letter of complaint by one ‘Y’ addressed to the Officer-in-charge of the said Police Station. It was alleged that elder daughter of ‘Y’ namely ‘X’ (aged about 12 y
The judgment reinforces the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of victim testimony.
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
In sexual assault cases involving minors, the prosecution must provide consistent evidence and establish foundational facts; any reasonable doubt necessitates acquittal.
In sexual offence cases, a conviction based solely on the victim's testimony requires that the evidence possess 'sterling quality'—being inherently consistent, free from material contradictions, and ....
Sentence must be based on comparative analysis of aggravating and mitigating circumstances.
The conviction under the POCSO Act was upheld based on the victim's credible testimony, despite challenges regarding the victim's age and corroborative evidence.
The prosecution failed to establish the victim's age as a child under the POCSO Act, leading to the quashing of the conviction due to insufficient evidence and credibility issues.
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