Back
TIRTHANKAR GHOSH
Narattam Biswas @ Narottam Biswas – 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 01.04.2022 and 02.04.2022 passed by the learned Additional Sessions Judge (POCSO Act), Islampur, Uttar Dinajpur in Sessions Trial No. 33/2019 arising out of POCSO Case No. 05 of 2019 wherein the appellant was convicted for the offence punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer Rigorous Imprisonment for six years and pay fine of Rs.1,00,000/-in default to suffer further Simple Imprisonment for 6 months.
2. The genesis of the case relates to a complaint lodged by one ‘Y’ with the Officer-in-charge, Chakulia Police Station, Uttar Dinajpur pursuant to which Chakulia PS Case No. 64/2019 dated 16.02.2019 was registered for investigation under Section 8/9(m) of the Protection of Children from Sexual Offences Act, 2012. The allegations made in the complaint were to the effect that the daughter of ‘Y’ namely, ‘X’ was aged about 9 years and was studying at Class III. She used to take tui
The interpretation of sexual intent under the POCSO Act, emphasizing that any act involving physical contact with sexual intent, even without skin-to-skin contact, constitutes sexual assault.
(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....
(1) Sexual assault – Act of touching any sexual part of body of a child with sexual intent or any other act involving physical contact with sexual intent, could not be trivialized or held insignifica....
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
The main legal point established in the judgment is the interpretation and application of the provisions of the POCSO Act, specifically Section 7 read with Section 8, in determining the guilt of the ....
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.
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
Section 7 of POCSO Act reads as whoever, with sexual intent touches vagina, penis, anus or breast of the child with sexual intent without penetration is said to commit sexual assault.
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....
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
