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JOYMALYA BAGCHI, GAURANG KANTH
Moloy Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Appellant is the father of the victim who is a 14 year old girl. Prosecution alleges the minor girl used to reside with her father i.e. the appellant. Her mother used to stay in the house of one Susanta Halder where she worked as a nurse. On 30th October, 2016, mother of the victim (PW-1), stated her daughter informed her that for the last one year her father had subjected her to penetrative sexual assault on a number of days. Out of fear, shame and trauma she did not inform the incident earlier. Hearing this horrible news PW-1 became outraged and confronted her husband i.e. the appellant. They had a quarrel. Thereafter, she informed her sister-in-law, PW-10 who, in turn, had informed the incident to the brothers of PW-1, that is, PW-6 and PW-8 respectively.
2. PW-1 lodged written complaint resulting in registration of Chandannagar Police Station Case No. 266 of 2016 dated 30.10.2016 under Section 376(2)(f) of the Indian Penal Code. Appellant was arrested and charges were framed under Sections 376(2)(f)/506 of the Indian Penal Code and Section 6 of the POCSO Act. Appellant pleaded not guilty and claimed to be tried.
3. In the course of trial prosecutio
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.
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 judgment emphasizes the importance of the victim's reliable and confident statement, the significance of discrepancies, belated reporting, and lack of corroboration and support from family member....
(1) Delay – Delay per se cannot be the ground to discard and disbelieve the otherwise credible and trustworthy evidence of the prosecution witness. (2) Delay – If the prosecution is able to prove the....
The absence of DNA evidence does not nullify a credible survivor's testimony in sexual assault cases; victim credibility may prevail despite delays in disclosure due to coercive threats.
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 upheld the conviction of a father for sexually assaulting his minor daughter, emphasizing the importance of corroborative evidence and the impact of familial trust on the victim's disclosur....
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
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....
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