Back
ARUN DEV CHOUDHURY
Surjya Upadhaya S/o- Sri Hari Har Upadhya – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. S.P Deka, learned counsel for the appellant and Mr. K.K. Deka, learned Addl. PP, appearing for the State of Assam.
2. The challenge:
The present appeal is directed against the judgment and order dated 13.06.2019 passed by the learned Special Judge, Tinsukia in POCSO Case No.37(M)/2015, convicting the appellant under section 6 of the POCSO Act, 2012 and sentencing him to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs.50,000/-and in default, to pay the fine, to undergo imprisonment for 6 (six) months.
3. The Prosecution Story:
I. The prosecution case was launched on the basis of an FIR lodged by the informant i.e., the father of the victim on 27.10.2015 alleging that on 26.10.2015 when the informant was out of his senses after consuming liquor and were somewhere outside his house, the accused in the pretext of dropping him at the house came to the house of the informant in the night at about 9.30 pm and raped the adopted daughter of the informant who was aged about 7 years at that time.
II. On receipt of the said FIR, Lekhapani PS case No.155/2015 under section 376 IPC read with section 6 of the Protection of Children
The prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
The court affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
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.
The sole testimony of a child victim can form the basis of conviction in sexual assault cases, provided the testimony is credible and consistent, irrespective of corroborative evidence.
The prosecution must establish guilt beyond a reasonable doubt, with sufficient and credible evidence; failure to do so invalidates a conviction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
