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IN THE HIGH COURT AT CALCUTTA
Tirthankar Ghosh
Lalu Sk. – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. conviction details and incident description (Para 1 , 2 , 3 , 4) |
| 2. witness testimonies and evidence presentation (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. arguments on contradictions and evidence reliability (Para 20 , 21 , 22 , 23) |
| 4. assessment of inconsistencies in evidence (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. outcome of appeal and summary of judgment (Para 31 , 32 , 33 , 34) |
JUDGMENT :
Tirthankar Ghosh, J.
1.The present appeal has been preferred challenging the judgment and order of conviction and sentence dated 27.07.2022 passed by the Learned Additional Sessions Judge Cum Special Judge under POCSO Act, 2012, Bishnupur, Bankura in POCSO Trial No. 04/2019 in connection with POCSO Case No. 02/2019 and arising out of Bishnupur P.S. Case No. 27/19, wherein the learned trial Court was pleased to convict the appellant under Section 8 of the POCSO Act and sentenced him to suffer rigorous imprisonment for three years and to pay fine of Rs.40,000/- in default to suffer further rigorous imprisonment for three months.
2. Bishnupur Police Station Case No. 27/19 dated 22.01.2019 was registered for investigation under Section 354 /354A/506 of the Indian Penal Code and Section 8
In sexual assault cases involving minors, the prosecution must provide consistent evidence and establish foundational facts; any reasonable doubt necessitates acquittal.
In sexual assault cases, the victim's testimony is vital and can form the sole basis for conviction if it inspires confidence. Corroboration is not a strict legal requirement, and minor discrepancies....
The judgment reinforces the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of victim testimony.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The prosecution must establish foundational facts in sexual offence cases; uncorroborated testimony of the victim alone is insufficient for conviction.
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.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
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