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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Jyotsna Ghosh – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and acquittal. (Para 1 , 2) |
| 2. arguments supporting the appellant's position. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. facts surrounding the complaint and case initiation. (Para 9 , 10 , 11) |
| 4. testimonies regarding the incident and the victim. (Para 12 , 13 , 14 , 15 , 16 , 18) |
| 5. medical examinations and findings. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 6. investigative actions undertaken by police. (Para 28 , 29 , 30) |
| 7. court's consideration of victim's age and evidence. (Para 31 , 32 , 33 , 34) |
| 8. court's critical analysis of evidence and statements. (Para 36 , 37 , 38 , 39 , 41 , 42 , 43 , 44) |
| 9. final decision and dismissal of the appeal. (Para 45 , 46 , 47 , 48) |
JUDGMENT :
MD. SHABBAR RASHIDI, J.
1. The instant appeal, at the behest of the de-facto complainant is in assailment of the impugned judgment and order dated August 19, 2019 passed by learned Additional Sessions Judge, 2nd Fast Track Court, Asansol, in Sessions Trial No. 06 of 2009 arising out of Sessions Case No. 341 of 2007.
2. By the impugned judgment and order, the respondent/accused Abhijit Gope @ Bapi was found not guilty and was acquitted of the charges under Sections 341 /376 of th
The acquittal of the accused was justified due to insufficient evidence of lack of consent, establishing that the presumption of absence of consent under Section 114A requires a robust foundation.
Point of law: Imposition of maximum punishment – Rape case - victim, a deaf and dumb girl was subjected to sexual assault by way of outraging her modesty by the accused taking advantage of her disabi....
The prosecution must prove its case beyond a reasonable doubt, and inconsistencies in the survivor's testimony led to the acquittal of the accused.
In sexual assault cases, the victim's testimony must be credible and corroborated by reliable evidence to support a conviction.
Witness unable to communicate verbally - Applicability of - Proviso of Section 119 of Evidence Act is applicable for witnesses, who cannot speak in language of court or otherwise able and can communi....
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
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