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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANASH RANJAN PATHAK
Afazuddin Ali @ Afaj Uddin S/o Hasmot Ali – Appellant
Versus
State Of Assam – Respondent
ORDER :
MANASH RANJAN PATHAK, J.
Heard Mr. Z Kamar, learned Senior counsel assisted by Mr. N I Khan, learned for the applicant/appellant. Also heard Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State respondent No. 1 and Ms. Manisha Karen Brown, learned Amicus Curiae for the respondent No. 2/informant.
2. Learned Special Judge (POCSO), Nalbari by judgment of conviction dated 27.10.2023 and sentence dated 31.10.2023 passed in Special (POCSO) Case No. 45/2021 arising out of Ghograpar Police Station Case No. 490/2021, corresponding to G.R. No. 2052/2021 convicted the applicant/appellant under Section 363 IPC read with Section 4 of the POCSO Act and for that purpose sentenced the appellant with three years Simple Imprisonment with fine of Rs. 3,000/- under Section 363 IPC, in default Simple Imprisonment for two months with further Simple Imprisonment for ten years with fine of Rs. 5,000/-, in default Simple Imprisonment for three months under Section 4 of the POCSO Act, where both the sentences to run concurrently, setting off the period of detention already undergone during the investigation and trial of the said case.
3. Against the said impugned judgment of conv
The court affirmed that substantial evidence and witness testimonies justified the conviction of the appellant under both IPC and POCSO, allowing for bail pending appeal due to his prior good conduct....
The court ruled that inconsistencies in the victim's testimony and evidence regarding her age and consent warranted the suspension of the appellant's sentence during the appeal process.
The court affirmed the conviction under the POCSO Act, emphasizing the credibility of the victim's testimony and corroborating evidence despite defense claims of a fabricated case.
Bail is the rule and jail is the exception. The court has discretion to refuse bail when the offence is severe, the evidence is strong, and there is a risk of absconding or tampering with evidence. C....
The presumption of guilt under the POCSO Act is rebuttable, and if the accused can demonstrate a prima facie case of innocence, bail may be granted despite the serious nature of the charges.
The prosecution must conclusively establish the victim's age for a valid conviction under the POCSO Act, which was not done in this case.
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
The right of the accused to rebut the presumption of guilt under the POCSO Act and the importance of analyzing foundational facts to trigger the presumption.
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