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MALASRI NANDI
Uday Bakali, S/o. Amal Bakali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. Heard Mr. K. Bhuyan, learned counsel for the appellant. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam.
2. By the present appeal, the appellant challenges the impugned Judgment dated 30.10. 2019, passed by the learned Special Judge, POCSO, Barpeta, in Special POCSO Case No. 90/2018, convicting the accused appellant for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, in brevity, ‘POCSO Act, 2012’) and sentenced him to undergo Rigorous Imprisonment for 10 (ten) years and also to pay a fine of Rs. 5,000/-, in default, Simple Imprisonment for one year.
3. The brief facts of the case is that one Smt Bhagya Paul lodged an FIR before the Officer-In-Charge, Tarabari Police Station, on 01.01.2019, stating inter alia that on 31.12.2017, at around 8:00 pm, her daughter aged about 12 years went out from their house to watch ‘Asta-Prahar’ (Naam Yagya) at Bahari Reserve Barowari Durgabari, along with her friends. At about 09:00 pm, she went alone to purchase food stuff from a shop and at the time of returning, the accused appellant gagged her mouth by applying force and dragg
The court affirmed that a victim's testimony in sexual assault cases is sufficient for conviction, despite minor discrepancies and delay in the FIR, highlighting the credibility of the victim as para....
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
It is a settled law that victim of a sexual assault is not treated as accomplish and as such her evidence does not require corroboration from any other evidence if her sole testimony inspires confide....
Point of law: Conviction upheld - In the absence of cogent evidence brought on record to prima-facie establish the foundational facts, conviction of the accused cannot be based solely on presumption ....
The conviction under the POCSO Act was upheld as the prosecution provided credible evidence of sexual assault despite procedural issues, affirming the victim's testimony as trustworthy.
The court emphasized that mere admissibility of evidence does not establish its probative value, particularly when witness testimonies are inconsistent and influenced, raising reasonable doubt regard....
The Court established that minor inconsistencies in testimony do not necessarily undermine a victim's credibility, especially in cases involving minors under the POCSO Act.
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
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