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ROBIN PHUKAN
Md. Noor Hussain @ Kareng @ Nur Hussain, S/o Late Mohar Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. N. Uddin, learned counsel for the appellant; Mr. D. Sarma, learned Additional Public Prosecutor for the State respondent No. 1; and Ms. D. Saikia, learned Amicus Curie for the respondent No. 2.
2. In this appeal, under Section 374 of the Cr.P.C., the appellant has put to challenge the correctness or otherwise of the judgment and order dated 28.06.2022 & 29.06.2022, passed by the learned Special Judge, POCSO, Goalpara, in Special Case No. 13/2019.
3. It to be noted here that vide impugned judgment and order, dated 28.06.2022 & 29.06.2022, the learned trial court has convicted the appellant under Section 6 read with Section 18 of the POCSO Act and sentenced him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 10,000/-with default stipulation and further convicted him under Section 10 of the POCSO Act and sentenced him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 10,000/-with default stipulation and also convicted him under Section 341 of the IPC and to pay a fine of Rs. 500/- with default stipulation.
4. The background fact leading to filing of this appeal is adumbrated herein below:-
The prosecution must establish charges beyond reasonable doubt, and in cases under the POCSO Act, it is crucial to prove the victim's age to determine the applicability of relevant provisions.
The prosecution must establish the victim's age as below 18 years and provide corroborating evidence to prove charges under the 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....
The court reinforced the importance of proving victim’s age via school records under the Juvenile Justice Act, alongside acknowledging that minor discrepancies in testimony do not discount credibilit....
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.
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.
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