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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
| Table of Content |
|---|
| 1. basic facts of the case. (Para 2 , 3 , 4) |
| 2. arguments of appellant regarding evidence. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court analysis of evidence and age determination. (Para 13 , 14 , 15 , 16) |
| 4. court's ruling on conviction and benefit of doubt. (Para 17 , 18) |
| 5. final conclusion and order. (Para 19 , 20 , 21 , 22) |
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.
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.
Conviction and sentencing for sexual offences under the POCSO Act upheld, establishing that the defense's failure to challenge the victim's age and credibility supported the prosecution's case.
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 conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
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....
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