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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Gobinda Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Joymalya Bagchi, J. :
1. Appeal is directed against judgment and order dated 19.06.2017 and 20.06.2017 passed by learned Additional District & Sessions Judge, 2nd Court, Purba Medinipur in Sessions Trial No. 8(7) of 2015 arising out of Sessions Case No. 21(6)15 convicting the appellant for commission of offence punishable under section 376(2)(i) of the Indian Penal Code and under section 5 of the POCSO Act and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/-, in default, to suffer imprisonment for six months more and a compensation of Rs. 5,000/-to the minor child.
2. Prosecution case as alleged against the appellant is to the effect that on 01.03.2015 at about 04:00 P.M., the appellant allured the minor victim aged around eight years by offering her Rs. 10/-and took her to the bank of Kansai river. There he molested her. After removing her inner garment, he inserted his finger into her vagina. One Swapan Moni (P.W. 9), a neighbour noticed the incident and shouted. Appellant fled away. The minor returned home and revealed the incident to her parents. FIR was registered by her mother (P.W. 2) resulting in registration of Panskura
In sexual assault cases involving minors, the sole testimony of the victim is sufficient for conviction if the account is consistent and credible. Procedural omissions such as failing to conduct a pr....
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 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 court affirmed that a victim's testimony, especially from a minor, can suffice for conviction in sexual assault cases, even without medical corroboration.
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 affirmed that a child's credible testimony, corroborated by medical evidence and the POCSO Act's presumption of guilt, ensures conviction for aggravated sexual assault.
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