Back
IN THE HIGH COURT AT CALCUTTA
JOYMALYA BAGCH, GAURANG KANTH
Saranga Mondal – Appellant
Versus
State – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. The appeal is directed against judgment and order dated October 05, 2021 passed by the learned Special Judge (POCSO), North and Middle Andaman, Mayabunder in Special POCSO Case No.12 of 2018/Special POCSO S.T No.21 of 2018 convicting the appellant for commission of offence punishable under section 6 of the POCSO Act and directing him to suffer rigorous imprisonment for life and pay fine of Rs.2,00,000/- (Rupees Two Lakhs only) in default to suffer rigorous imprisonment for one year more with a further direction 90% of fine, if realised, would be paid to the survivor.
PROSECUTION CASE:-
2. Prosecution case as alleged against the appellant is as follows:
3. The survivor is a young girl who was studying in Class IX at the time of occurrence. Her mother had suddenly left the family. Her father was distraught over the incident. Taking advantage of the situation, the appellant approached the father of the survivor (PW-7) and proposed to perform a puja which would bring back his wife. Initially PW-7 was hesitated but subsequently relented. Thereafter the appellant performed puja at PW-7’s house. Then he informed PW-7 that to get better result he has to perform
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 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 factual foundations of the prosecution case must be established to attract the statutory presumption under Section 29 of the POCSO Act, and inconsistencies and contradictions in the victim's stat....
The testimony of a minor victim can be sufficient for conviction under the POCSO Act if it is credible, regardless of the victim's prior sexual history.
In sexual offences against minors, the victim's credible testimony can suffice for conviction, especially when corroborated by medical evidence, thus establishing statutory presumption of guilt.
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
The trustworthy and reliable evidence of the prosecutrix, corroborated by medical evidence, can be the basis of conviction in cases of sexual ofences against children.
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
