Back
JAY SENGUPTA, MD. NIZAMUDDIN
Tankeshwar Das – Appellant
Versus
State – Respondent
JUDGMENT :
JAY SENGUPTA. J.
1. This appeal is directed against a judgment and order of the conviction and sentence dated 20.01.2022 passed by the Learned Additional Sessions Judge-cum-Judge, Special Court (POCSO Act), Andaman and Nicobar Islands, Port Blair in Special Case No. 27 of 2018 : Special Trial No. 10 of 2019, thereby convicting the appellant under section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentencing him to suffer imprisonment for life and to pay a fine of Rupees Two Lakhs and to suffer rigorous imprisonment for ten (10) years with a fine of Rupees Ten Thousand for committing the offence punishable under section 315 of the Indian Penal Code, in default, to suffer rigorous imprisonment for six months. If the fine was paid by the convict, the same was to be paid to the victim girl/survivor to meet her medical expenses and rehabilitation. By the same order, the co-accused/wife of the appellant was acquitted of all charges. The Administration was also advised to pay Rupees Ten Lakhs as compensation.
2. At this stage, it is submitted on behalf of the State that the girl is presently staying at an Ashram and the fine amount paid has alre
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
Failure to disprove the accusations leads to conviction under the POCSO Act despite absence of physical evidence.
The court established that child witness testimony, if credible and corroborated, can be sufficient for conviction under the POCSO Act.
The court affirmed that a victim's credible testimony, supported by corroborative evidence, is sufficient to establish guilt under the POCSO Act, overriding the need for further corroboration unless ....
The court affirmed that the sole testimony of a victim can suffice for conviction in sexual assault cases if deemed credible, despite medical evidence limitations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
