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KARDAK ETE
Ippe Tachung, S/O Tamuk Tachung – Appellant
Versus
State of Arunachal Pradesh, through Public Prosecutor – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Mr. Muk Pertin, learned Senior Counsel assisted by Mr. M. Yubbey, learned counsel for the appellant. Also heard Ms. L. hage, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. L. Perme, learned counsel for the respondent No. 2/informant.
2. This criminal appeal is directed against the judgment and order dated 04.01.2024, passed by the learned Special Judge, (POCSO), Pasighat, East Siang District, Arunachal Pradesh, in PSG SC (POCSO) Case No. 09/2021, whereby accused Shri Toli Pale, has been convicted and sentenced to undergo imprisonment for a period of 3 (three) years 1 (one) month with a fine of Rs. 10,000/- (Rupees ten thousand) only for the offence under Section 8 of the POCSO Act and also sentenced to undergo imprisonment for period of 1 (one) month and a fine of Rs. 500/- (Rupees five hundred) only for the offence under Section 447 IPC, by holding guilty of sexual assault under Section 354A(2) IPC and Section 8 of POCSO Act.
3. The case set up by the prosecution, in brief, is that on 01.10.2021, a written complaint was filed by one Smti Tongam Buchi before the Officer-In-Charge, Likabali Police Station alleging that Shri
The POCSO Act allows for conviction based on the victim's testimony, provided it is credible, with burden shifting to the accused under Section 29 to prove innocence.
The court affirmed that the testimony of a minor victim in sexual assault cases is credible and sufficient for conviction, especially under the POCSO Act, where the burden of proof shifts to the accu....
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 burden of proof lies with the prosecution, and statutory presumptions do not relieve the prosecution from proving its case. Witness testimonies and evidence must be conclusive to establish guilt.
Point of law: Conviction upheld - In the absence of cogent evidence brought on record to prima-facie establish the foundational facts, conviction of the accused cannot be based solely on presumption ....
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
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