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IN THE HIGH COURT AT CALCUTTA
JOYMALYA BAGCHI, GAURANG KANTH
Mohammed Javid – Appellant
Versus
State – Respondent
Judgment :
JOYMALYA BAGCHI, J.
1. The appeal is directed against judgment and order dated September 29, 2021 passed by the learned Special Judge (POCSO), Andaman and Nicobar Islands, Port Blair in Special Case No. 07 of 2021/ S.T No.21 of 2021 convicting the appellant for commission of offence punishable under section 6 of the POCSO Act and under sections 323 and 506 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for twenty years and pay a fine of Rs.5000/- (Rupees five thousand only) in default to suffer rigorous imprisonment for 05 months for the offence punishable under section 6 of the POCSO, rigorous imprisonment for one year with fine of Rs.1000/- (Rupees one thousand only) in default to suffer rigorous imprisonment for one month for the offence punishable under section 323 of the Indian Penal Code and rigorous imprisonment for seven years with fine of Rs.2000/- (Rupees two thousand only) in default to suffer rigorous imprisonment of 03 months for the offence punishable under section 506 of the Indian Penal Code. Fine amount if realised, shall be paid to the survivor to meet her medical expenses and rehabilitation and all the sentences are to run co
The court upheld the conviction for sexual assault establishing that medical evidence corroborated the survivor's account despite contradictions from other witnesses, emphasizing the need to protect ....
The judgment establishes that convictions under POCSO require substantive evidence, and reliance on inadmissible statements can lead to acquittal.
The absence of DNA evidence does not nullify a credible survivor's testimony in sexual assault cases; victim credibility may prevail despite delays in disclosure due to coercive threats.
The prosecution must prove foundational facts beyond reasonable doubt, and the presumption of guilt under the POCSO Act does not relieve it of this burden.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
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