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JOYMALYA BAGCHI, GAURANG KANTH
Dharmendra Chowdhury – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Joymalya Bagchi, J.
1. Both the appeals are directed against judgment and order dated 18.07.2019 and 19.07.2019 passed by the learned Additional District & Sessions Judge, 1st Court, Sealdah, South 24-Paraganas cum Special Judge under POCSO Act, 2012 in Special Trial No.4(4) of 2019 convicting and sentencing the appellants in the following manner:-
(iii) Jitendra Chowdhury (appellant No.2 in CRA 453 of 2019) for commission of offence punishable under Sections 120B/363/370/372 of the Indian Penal Code and under Section 8 of the POCSO Act and under Section 5 of the Immoral Trafficking Act;
(iv) Ashrafi Chowdhury (appellant No.3 in CRA 453 of 2019) for commission of offence punishable under Sections 120B/370/372 of the Indian Penal Code and under Section 17 of the POCSO Act;
(v) Asha Nag @ Priyanka Chowdhury (appellant in CRA 451 of 2019) for commission of offence punishable under Sections 120B/363/370/372 of the Indian Penal Code an
The court upheld the convictions for trafficking and sexual exploitation of minors, emphasizing the reliance on medical evidence for age determination in the absence of official documents.
The prosecution failed to establish the victim's age as a child under the POCSO Act, leading to the quashing of the conviction due to insufficient evidence and credibility issues.
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
Point of law: Offence punishable under Section 17 read with Section 4 of the POCSO Act, Section 17 provides for punishment for abetment of any offence under the POCSO Act.
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
The court upheld the conviction under the POCSO Act based on strong testimonial and medical evidence, affirming that negative DNA results do not undermine the prosecution's case.
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