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MRIDUL KUMAR KALITA
Mithun Rajbongshi, S/o. Sri Gambhir Rajbongshi – Appellant
Versus
State of Assam, Rep. by the Public Prosecutor, Assam – Respondent
JUDGMENT :
1. Heard Mr. A. Paul, learned counsel for the appellant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor representing the State of Assam.
2. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been filed by the appellant, Sri Mithun Rajbongshi impugning the judgment and order dated 30.01. 2021 passed by learned Special Judge (POCSO), Baksa, Mushalpur in Spl. (POCSO) Case No. 08 of 2018, whereby the appellant was convicted under Section 4 of the POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.10,000/- only and in default of payment of fine to suffer further simple imprisonment for a period of one month.
3. The facts relevant for consideration of the instant appeal, in brief, are as follows:-
The court upheld the conviction for abduction and rape based on testimonial and medical evidence, emphasizing the validity of medical age assessment in absence of primary documents.
Medical evidence via ossification tests carries a two-year margin of error requiring the benefit of doubt to favor the accused. Testimony characterized by material contradictions and a lack of indepe....
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.
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.
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.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
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