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MITALI THAKURIA
Pintus Dung Dung Sivasagar, Assam – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. A. K. Gupta, learned Legal Aid Counsel for the appellant. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.
2. This jail appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is preferred against the judgment & order dated 27.11.2018, passed by the learned Special Judge, Charaideo, Sonari in Special (P) Case No. 47/2017, under Section 376(2)(i) of the Indian Penal Code read with Section 4 of Protection of Children from Sexual Offences Act, 2012, whereby the accused/ appellant has been sentenced to undergo Rigorous Imprisonment for 10 (ten) years along with a fine of Rs. 1,000/- (Rupees one thousand) only and in default to undergo Simple Imprisonment for 2 (two) months for the offence under Section 376(2)(i) of the Indian Penal Code.
3. The prosecution case, in brief, is that on 24.09.2017, one Shri Prahlad Teli lodged an F.I.R. before the Officer-In-Charge of Sapekhati Police Station alleging that on the previous day, i.e. on 23.09.2017, at around 3.30 p.m., the accused-Pintus Dungdung induced his minor daughter to go with him to play with his granddaughter and thereafter raped her inside his house. Upon r
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
Prosecution must establish essential elements of charges beyond reasonable doubt; inconsistencies and lack of corroboration lead to acquittal.
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