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ROBIN PHUKAN
Pranjit Barman S/o Sri Shiba Charan Barman – Appellant
Versus
State Of Assam And Anr Rep. By P. P. , Assam – Respondent
JUDGMENT :
Heard Mr. A. Ahmed, learned counsel for the appellant and Mr. B. Sarma, and Mr. P.S. Lahkar, learned Addl. P.P.(s) for the State respondent.
2. This appeal is directed against the judgment and order dated 05.02.2020, passed by the learned Special Judge, Bijni in Special [P] Case No. 45[B]/2019. It is to be noted here that vide impugned judgment and order, the learned court below has convicted the appellant under section 6 of the POCSO Act and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- with default stipulation.
3. The factual background leading to filing of the present appeal is briefly stated as under :-
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
The victim's consistent statement, medical evidence, and corroborating witness testimonies are crucial in establishing the occurrence of the crime and the victim's age, even in the absence of eyewitn....
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
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