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SANJAY KUMAR MEDHI, MITALI THAKURIA
Adhan Das Bongaigaon – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
(SK Medhi, J)
The instant appeal has been preferred from jail against a judgment dated 12.09.2017 passed in Special (P) Case No.4(M)/2017 whereby the learned Sessions Judge, Bongaigaon had convicted and sentenced the accused to undergo Rigorous Imprisonment for total 11 years, comprising of 7 years and also to pay a fine of Rs.5000/-in default to undergo rigorous imprisonment for another two months for Offence under Section 4 of the Protection of Children from Sexual Offence Act (POCSO), 3 years with fine of Rs. 5000/-in default to undergo rigorous imprisonment for another two months for offence under Section 8 of the POCSO Act and 1 year and to pay a fine of Rs. 1000/- in default to undergo rigorous imprisonment for another one month for the offence under Section 12 of the POCSO Act. It was further directed that the sentences will run consecutively. It was also directed that the period of detention already undergone by the accused shall be set off against the terms of imprisonment.
2. The criminal law was set into motion by lodging of an Ejahar on 24.09.2016 by one Ajay Sarkar (PW1). It was alleged that the appellant had been showing naked videos in the mobile phone to cer
The court affirmed the conviction under the POCSO Act, emphasizing the necessity of establishing foundational facts, including the age of victims, and upheld the credibility of victim testimonies des....
The court emphasized that significant inconsistencies in victim statements, delay in FIR, and lack of corroborative evidence led to the acquittal of the appellant in a sexual assault case.
The court upheld the conviction for aggravated sexual assault under the POCSO Act, emphasizing the sufficiency of evidence despite procedural claims of the defence.
The conviction of the appellant was quashed due to insufficient and inconsistent evidence, demonstrating the necessity for reliable testimonies in criminal cases, especially under sexual offence laws....
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
The court affirmed the conviction under the POCSO Act based on the victim's credible testimony, emphasizing that minor inconsistencies do not detract from the integrity of her evidence.
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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