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TIRTHANKAR GHOSH
Md. Alamgir – 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 28.09.2022 passed by the learned Additional Sessions Judge, 2nd Court, Hooghly in Sessions Trial (Spl.) Case No. 90 of 2016 arising out of Sessions Case (Spl.) Case No. 113 of 2015, wherein the learned Trial Court was pleased to convict the appellant for commission of offence punishable under Section 354A of Indian Penal Code and under Section 8 of the Protection of Children from Sexual Offences Act and sentenced him to suffer as follows:
(ii) Rigorous Imprisonment for a period of three years and fine of Rs.5,000/-in default to suffer additional Simple Imprisonment for three months for the offences punishable under Section 8 of the POCSO Act.
2. The genesis of the present case relate to Balagarh Police Station Case No. 189/15 dated 27.08.2015. On the basis of a letter of complaint by ‘Y’ addressed to the Officer-in-charge, Balagarh Police Station the present case was initiate
The evidentiary value of the victim's testimony in cases of sexual assault and the absence of the need for corroboration, as well as the discretion of the court in determining the quantum of sentence....
The central legal point established in the judgment is the requirement for the testimony of the prosecutrix to be reliable and of a sterling quality for a conviction under the POCSO Act. The judgment....
The judgment reinforces the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of victim testimony.
In sexual assault cases involving minors, the prosecution must provide consistent evidence and establish foundational facts; any reasonable doubt necessitates acquittal.
The POCSO Act allows for conviction based on the victim's testimony, provided it is credible, with burden shifting to the accused under Section 29 to prove innocence.
Sexual assault on girl child – If evidence of witness is cogent, consistent and unwavering she qualifies as a sterling witness upon whose evidence conviction of perpetrator can be based.
(1) Most important ingredient for constituting offence of sexual assault under Section 7 of POCSO Act is “sexual intent” and not “skin to skin” contact with child.(2) Interpretation of Section 7 of P....
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