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2024 Supreme(Gau) 827

MANISH CHOUDHURY, ROBIN PHUKAN
NANTU NATH S/O LATE TULON NATH – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N.K. BARUAH.

Judgement Key Points

How to ensure age determination complies with the Juvenile Justice Act in POCSO cases? What is the role of DNA profiling and expert testimony under Section 53A CrPC in POCSO trials? What are the circumstances under which an appellate court may take additional evidence under Section 391 CrPC to clarify DNA results?

How to ensure age determination complies with the Juvenile Justice Act in POCSO cases?

What is the role of DNA profiling and expert testimony under Section 53A CrPC in POCSO trials?

What are the circumstances under which an appellate court may take additional evidence under Section 391 CrPC to clarify DNA results?


ORDER :

1. This criminal appeal from Jail is preferred to assail a Judgment dated 17.09.2019 and an Order on sentence dated 18.09.2019 passed by the Court of learned Special Judge, Nagaon [‘the Special Court’, for short] in Special [POCSO] Case no. 49/2018. In the trial of Special [POCSO] Case no 49/2018, charges were framed against thee accused persons including the accused-appellant herein. Against the accused-appellant, charge under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 was framed whereas against the other two accused persons, charge was framed under Section 4 of the POCSO Act, 2012. By the Judgment dated 17.09.2019, the learned Special Court has convicted only the accused-appellant while acquitting the other two accused persons from the charge under Section 4 of the POCSO Act, 2012. Finding the accused-appellant guilty of the offence under Section 6 of the POCSO Act, 2012, the accused-appellant has been sentenced to undergo rigorous imprisonment for 15 [fifteen] years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 3 [three] months. The learned Special Court in the Judgment dat

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