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MALASRI NANDI
Shiva Chautal – Appellant
Versus
State Of Assam, Rep. BY PP, Assam – Respondent
JUDGMENT :
1. Heard Mr. Z. Hussain, learned Amicus Curiae. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State/respondent.
2. This appeal has been preferred by the sole appellant challenging the judgment and order dated 05.12.2020 passed by the learned Special Judge, Udalguri in POCSO Case No. 22/2017, whereby the accused/appellant was convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (herein after referred as POCSO Act) and sentenced him to undergo rigorous imprisonment for 10(ten) years and instead of imposing the fine amount directed him to pay compensation of Rs.50,000/-to the victim girl and her male child as provided under Section 357(3) Cr.P.C. and in default of payment of compensation, the appellant will be liable to under further simple imprisonment of 3(three) months.
3. The case of the prosecution is that the informant lodged an FIR on 31.03.2017 before the O/C, Mazbat P.S. stating inter-alia that since her parents passed away in her childhood, she grew up in the house of her grandfather Sri Mikhel Rajowar in the same village. She was about 13 years old at that time. The appellant on the pretext of marrying he
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
Conviction and sentencing for sexual offences under the POCSO Act upheld, establishing that the defense's failure to challenge the victim's age and credibility supported the prosecution's case.
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