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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, YARENJUNGLA LONGKUMER
Anuj Kr. Das @ Animesh, S/o. Late Nalinakhya Das – Appellant
Versus
State Of Assam, Represented by PP Assam – Respondent
JUDGMENT :
(S.K. Medhi, J.)
This instant Appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 [corresponding to Section 415 of the BNSS ] against the judgment and order dated 04.06.2022 passed by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Case No. Special POCSO 36/2021 whereby the appellant has been convicted under Section 6 of the Protection of Children from Sexual Offences (hereinafter referred to as POCSO) Act and sentenced to undergo Rigorous Imprisonment for a term of 20 years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand) only in default of fine, to undergo Rigorous Imprisonment for a period of 6 (six) months.
2. The criminal law was set into motion by lodging of an Ejahar by the mother of the victim (PW-1), alleging inter alia that she had sent her daughter to a nearby shop owned by the appellant to bring some articles. Upon not returning for a long time, she sent her elder daughter to the said shop. Thereafter, she had come to learn that the shopkeeper had inserted his finger in the victim’s vagina and on asking, she narrated everything and said that the shopkeeper had offered her some chips and toffees to
The testimony of a victim is sufficient for conviction in sexual assault cases if consistent and credible, reinforced by supporting evidence.
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 court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
The statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
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 conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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