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ARUN DEV CHOUDHURY
Nehar Das S/o Shri Nagendra Das – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. K.P. Pathak, learned Amicus Curiae for the accused/appellant and Mr. K.K. Das, learned Additional Public Prosecutor, Assam for the respondent No. 1. Also heard Mr. P. Saikia, learned counsel for the respondent No. 2.
2. The present criminal appeal is preferred from jail by the accused/appellant against the judgment dated 25.08.2017 passed by the learned Sessions Judge, Karimganj in Special Sessions Case No. 14/2014, whereby the appellant was convicted under section 354 IPC and was sentenced to undergo Rigorous Imprisonment (RI) for 3 (three) years and to pay a fine of Rs.10,000/- in default of payment of fine, to undergo further RI for 3 (three) months and for the commission of offence under section 10 of the POCSO Act, 2012, the accused/appellant was further sentenced to undergo RI for 5 (five) years and 6 (six) months and to pay a fine of Rs.20,000/- in default of payment of fine, to undergo further RI for 5 (five) months.
3. The persecution story in nutshell is that an FIR was lodged by the mother of the victim inter alia alleging that on the date of incident, i.e. on 29.06.2014 at around 04:00 pm, when she was not at home, the accused/
The court upheld the conviction under Section 354 IPC while setting aside the conviction under Section 10 of the POCSO Act due to lack of evidence regarding the victim's age.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
The prosecution must establish charges beyond reasonable doubt, and in cases under the POCSO Act, it is crucial to prove the victim's age to determine the applicability of relevant provisions.
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
Rape of minor girl - Conviction set aside - Subsequent refusal to marry cannot be come within the purview of cheating.
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
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