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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Ashik Uddin, S/O Late Tuta Mia – Appellant
Versus
State Of Assam Rep. By P.P. – Respondent
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr. P. Kakoti, learned Sr. counsel assisted by Ms. N. Kashyap, learned counsel for the appellant. Also heard Mr. D.P. Goswami, learned Addl. P.P. appearing for the State and Ms. M. Acharyya, learned counsel appearing for the respondent No.2.
2. This criminal appeal has been preferred under section 374 of Cr.P.C against the impugned judgement dated 05.09.2022 passed by the learned Special Judge (POCSO), Cachar, Silchar in Special (POCSO) Case No. 22/2019 convicting the appellant under section 376 of IPC and under section 4 of POCSO Act.
3. The appeal was admitted for hearing on 23.11.2022. The appellant had suffered detention of 59 days during the trial period and he has remained in custody ever since the judgment which has been assailed in this appeal was passed i.e. from 05.09.2022. The appeal was filed on 09.11.2022. The LCR have been received and perused. The matter was extensively heard on 17.02.2026 and today the matter is taken up for disposal in the presence of all the counsels.
4. The prosecution case as reflected from the judgement of the learned Trial Court is that on 25.06.2018 at about 2:00 P.M a minor daughter of the informant had come o
The prosecution must establish the age of the victim beyond reasonable doubt in cases under the POCSO Act; failure to provide adequate evidence leads to acquittal.
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.
The court emphasized the necessity of proper age determination procedures under the Juvenile Justice Act, concluding that the prosecution failed to establish the victim's age as under 18, leading to ....
The court upheld the conviction for abduction and rape based on testimonial and medical evidence, emphasizing the validity of medical age assessment in absence of primary documents.
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
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 court established that the burden of proving a victim's age lies with the prosecution, and the absence of reliable evidence necessitates giving the benefit of doubt to the accused.
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....
The court reaffirmed that the victim's testimony is decisive in sexual offence cases, and a minor's age must be established based on consistent evidence, including oral testimonies.
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