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MALASRI NANDI
Jitu Roy S/o Dharmeswar Roy – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MALASRI NANDI, J.
1. Heard Mr. K. Bhattacharjee, learned counsel for the accused-appellant. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State/respondent.
2. This is an appeal filed under Section 374(2) Cr.P.C. 1973, challenging the judgment and order dated 19.01.2022 passed by the leaned Special Judge (POCSO), Kokrajhar in Special Case No. 50/2018, whereby the accused/appellant has been convicted under Section 366 of IPC and sentenced to undergo rigorous imprisonment for 3(three) years and to pay a fine of Rs. 10,000/- in default of payment of fine, to suffer imprisonment for 3(three) months. The accused/appellant was also convicted under Section 4 of POCSO Act and sentenced to undergo rigorous imprisonment for 7(seven) years and to pay a fine of Rs. 25,000/- in default stipulation.
3. The brief facts of the case is that the informant Naresh Basumatary who is the father of the victim had lodged an FIR before the O/C, Gossaigoan police station stating inter-alia that on 16.02.2018 when his minor daughter was returning home after appearing in the examination at Bhowraguri High School, she was kidnapped from Binnayakhata. Though the family members w
In cases involving minors, consent is immaterial, and the accused bears the burden of proof to establish innocence under the POCSO Act.
Plea of innocence in his statement under Section 313 CrPC, in the absence of any evidence, cannot be relied on.
Point of Law : Taking into consideration of these aspects on evidence and in absence of any documentary evidence, it can safely be said that on the date of alleged occurrence, the victim girl (PW-2) ....
Rape – Consent of minor has no legal sanctity.
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
The prosecution must prove the age of the victim beyond reasonable doubt in cases involving sexual offences under the POCSO Act, and the absence of reliable evidence can lead to acquittal.
The main legal point established in the judgment is the importance of proving the age of the victim to establish the commission of offences under the POCSO Act. The judgment emphasizes the admissibil....
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
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