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SUSMITA PHUKAN KHAUND
Tapan Kachari, S/o. Late Numal Kachari – Appellant
Versus
State of Assam, Represented by its Public Prosecutor – Respondent
JUDGMENT :
(Susmita Phukan Khaund, J.)
Heard Mr N Hasan, learned counsel for the appellant, Ms S Jahan, learned Additional Public Prosecutor for the respondent No. 1/State and Mr J Das, learned Legal Aid Counsel for the respondent No. 2.
2. This appeal is directed against the Judgment and Order dated 25.05.2022, passed by the learned Additional Sessions Judge-cum- Special Judge, POCSO, Tinsukia, in connection with POCSO Case No. 65(T)/2018, convicting Sri Tapan Kachari (hereinafter, referred to as the appellant or the accused) under Section 6 of the POCSO Act, and sentencing him to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 20,000/-, with default stipulation.
3. The genesis of the case was that the appellant has been committing rape on the minor victim-‘X’, who was only 15 years old.
4. It is further alleged that the appellant committed sexual assault on the victim from time to time and impregnated her. When the victim’s elder sister visited her parental home, she noticed the appearance of the victim and confronted her and then it was unearthed that the appellant committed sexual assault on the victim and he threatened her not to disclose the incident, lest she
The court acquitted the appellant due to reasonable doubt regarding the victim's credibility and inconsistencies in her testimony.
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
The conviction was quashed due to insufficient evidence and credibility issues with the victim, highlighting the necessity of establishing a solid evidentiary foundation in sexual assault cases.
The prosecution must establish the victim's age and provide corroborative evidence in cases involving allegations under the POCSO Act; a conviction cannot be based solely on the uncorroborated testim....
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
The prosecution must establish the victim's age as below 18 years and provide corroborating evidence to prove charges under the POCSO Act.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The court emphasized that mere admissibility of evidence does not establish its probative value, particularly when witness testimonies are inconsistent and influenced, raising reasonable doubt regard....
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
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