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IN THE HIGH COURT AT CALCUTTA
PRASENJIT BISWAS
Subrata Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1. This appeal is directed against the impugned judgment and order dated 23.07.2013 passed by the learned Additional Sessions Judge, Fast Track 4th Court, Barrackpore, North 24 Parganas in connection with S.T. Case No. 1(12) 2008 arising out of S.C. Case No. 20(7) of 2008 filed at the behest of the appellant/convict.
2. By passing the impugned judgment and order this appellant was convicted for the offence punishable under Section 354 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for one year along with a fine of Rs. 5,000/- and in default of payment of fine to undergo further simple imprisonment for six months. This appellant was further directed to pay Rs.3,000/- to the victim from the said fine amount as imposed by the learned Trial Court.
3. Being aggrieved by and dissatisfied with the impugned judgment and order of conviction the present appeal is preferred on behalf of this appellant.
4. In short campus the story of the prosecution is delineated hereunder-
“The defacto complainant (father of the victim) lodged a complaint stating interalia that on 06.03.2008 when his daughter (victim), aged about 7 years was playing wit
Conviction upheld based on reliable child testimony, emphasizing sensitivity in evaluating child witnesses and the necessity of a speedy trial to ensure justice.
(1) Competency of a child witness – A child will become incompetent only in cases where Court considers that child was unable to understand questions and answer them in a coherent and comprehensible ....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
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 ....
The minimum sentence under the POCSO Act must be imposed without discretion, ensuring adherence to the statutory provisions regarding child sexual offenses.
The victim's testimony in sexual assault cases is vital and reliable, and delay in lodging the FIR is not fatal to the prosecution's case.
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