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DEBANGSU BASAK, BIBHAS RANJAN DE
State – Appellant
Versus
Subhankar Bhakta – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. This appeal impugns the judgement and order of acquittal passed on 8th Day of January, 2021 by the learned Judge in Special Case No. 39/2019 (Special Trial No. 03 of 2019 dated 08/01/2021) under Section 363, 376 of Indian Penal Code read with Section 4 and 10 of the Protection of Children from Sexual Offence, Act 2012 (in short POCSO Act).
2. In view of the offences alleged attracting the provision of POCSO Act and in view of the guidelines of the Hon’ble Apex Court governing such scenario, we will consciously avoid to divulge the particulars of the survivor, witnesses and the Police Station, hospital, other places including place of occurrence.
FACTS:
3. The facts as reflected in the judgement of the Trial Judge are as follows :
One statement of survivor (for short S) was recorded by one lady Constable on 09.11.2018 at about 7:05 hours which was treated as complaint and was registered at Police Station under specific FIR dated 09.11.2018 under Section 376 IPC read with Section 5, 6 of POCSO Act.
4. S alleged that on 22.10.2018 she was going to attend private tuition and when she reached at a place the principal accused (for short P.A) met her wit
The presumption of innocence in favor of the accused and the higher threshold required to rebut the presumption in case of acquittal.
Minor discrepancies in victim testimony do not undermine the credibility of sexual assault claims under POCSO; conviction can still be upheld based on consistent evidence.
The judgment emphasizes the importance of providing a proper explanation for the delay in filing a complaint and highlights the rarity of false charges of rape.
Prosecution must establish foundational facts beyond reasonable doubt; mere reliance on victim’s inconsistent testimony is insufficient for conviction.
For offences punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012, evidence of victim itself is sufficient – It does not need corroboration of te....
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The conviction under Section 6 of the POCSO Act was overturned due to procedural violations, illustrating the necessity of adhering to legal protocols in sexual assault cases involving minors.
The appellate court reversed the acquittal in a child sexual assault case, emphasizing meticulous evaluation of victim testimony and the necessity of adhering to POCSO Act provisions for the protecti....
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