Back
KALYAN RAI SURANA, MARLI VANKUNG
Nuru Sikdar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Kalyan Rai Surana, J.
1. Heard Mr. A. Ahmed, learned counsel for the appellant, Ms. S.H. Bora, learned Addl. P.P. for the State and Mr. M. Hussain, learned counsel for the respondent no.2 (i.e. informant).
2. This appeal filed under section 374(2) of the Cr.P.C. is for assailing the judgment dated 05.12.2022, and sentence dated 03.01.2023, passed by the learned Special Judge, Chirang, Kajalgaon in Spl. POSCO Case No. 4/2020. By the said impugned judgment, the appellant was convicted for committing offence punishable under section 376 of the I.P.C. and section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act" for brevity) and by the sentence impugned herein, the appellant was sentenced to undergo rigorous imprisonment for a period of 20 (twenty) years and also to pay a fine of Rs.40,000/-, to be paid to the victim if recovered, and in default to under further rigorous imprisonment for 3 (three) months.
3. In this judgment and order, the name of the then minor victim and the informant are masked to protect their identity and the victim is hereinafter referred to as 'X' and the informant, who is the father of the then minor v
The prosecution must prove guilt beyond a reasonable doubt, and inconsistencies in witness testimonies can lead to acquittal.
The main legal point established in the judgment is the requirement for clear, consistent, and reliable evidence in cases involving allegations of sexual assault, especially when determining the guil....
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....
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The judgment establishes the importance of corroborative evidence, the presumption of guilt under the POCSO Act, and the standard of proof required for the accused to prove innocence in cases of sexu....
Conviction of the appellant for attempted aggravated penetrative sexual assault upheld based on consistent testimony of the minor victim, despite charge framing errors; sentence reduced to ten years'....
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 court upheld the conviction based on the credible testimony of the minor victim, emphasizing that minor inconsistencies do not undermine her credibility.
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
