Back
ARUN DEV CHOUDHURY
Onik Osik S/o Late Obang Osik – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. D. Panging, learned counsel for the appellant. Also heard Mr. J. Tsering, learned Public Prosecutor for the State of Arunachal Pradesh and Mr. K. Loya, learned counsel for the respondent No. 2.
2. The present appeal is filed under Section 374 (2) of the Code of Criminal Procedure, 1973 assailing the Judgment and Order dated 22.12.2023 passed by the learned Special Judge (POCSO), Pasighat, East Siang District in PSG SC (POCSO) Case No. 12/2020, whereby, the accused/appellant is convicted under Section 10 and 18 of the POCSO Act and sentenced him to undergo imprisonment for a period of 5 (five) years with a fine of Rs. 5,000/- for offences under Section 10 of the POCSO Act and also sentenced him to undergo imprisonment for a period of 2 (two) years and 6 (six) months with a fine of Rs. 5,000/- for offences under Section 18 of the POCSO Act and further in default to pay the fine, to serve another period of three months.
3. The prosecution case as unfolded from the materials available on record is to the effect that the appellant had sexually assaulted five years old daughter of the informant, who was living with her elder sister in her in-law
Conviction under POCSO Act cannot be sustained on the basis of unreliable witness testimonies, especially when witnesses turn hostile and fail to corroborate the prosecution's case.
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 competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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 court established that inconsistencies in a victim's testimony, particularly regarding voluntariness in statements, can lead to the dismissal of charges under the POCSO Act, while still allowing ....
Statements under Section 164 Cr.PC are not substantive evidence without corroboration; the accused is entitled to the benefit of doubt in the absence of reliable evidence.
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....
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
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
