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TIRTHANKAR GHOSH
Rajib Das – 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 24.02.2021 and 26.02.2021 passed by the learned Additional Sessions Judge, Bolpur, Birbhum, in Special (POCSO) Case No. 23/18 arising out of Bolpur PS case No. 224 of 2018, wherein the learned Appellate Court after holding the appellant guilty of the offence under Section 8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) was pleased to sentence him for Simple Imprisonment for five years and fine of Rs.5000/- i.d. to suffer further SI for three months.
2. Bolpur PS case No. 224/2018 dated 09.08.2018 was registered for investigation on the basis of an information/complaint submitted by the victim ‘X’ wherein she alleged that she being a Class XI student and a resident of Village-Bahiri, Dist- Birbhum, went to tuition at I.T.E. Coaching Center at Lodge More (Bolpur), opposite to H.P. Gas on 09.08.2018 at about 4.45 pm in the afternoon. Rajib Das who was responsible for admission at the coaching Center hugged her forcefully and kissed her, thereby intending to rape her. The complainant as such requested t
The judgment reinforces the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of victim testimony.
In sexual assault cases involving minors, the prosecution must provide consistent evidence and establish foundational facts; any reasonable doubt necessitates acquittal.
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
The conviction under the POCSO Act was upheld based on the victim's credible testimony, despite challenges regarding the victim's age and corroborative evidence.
The prosecution must prove guilt beyond reasonable doubt, and the quality of evidence is essential in criminal law.
The prosecution must establish guilt beyond a reasonable doubt, with sufficient and credible evidence; failure to do so invalidates a conviction.
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 conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The importance of the victim's evidence, the inhumane mindset of the abuser, and the need for corroboration in cases of child sexual abuse.
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