IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Abinash Digal @ Papun Digal – Appellant
Versus
State of Odisha – Respondent
JUDGMENT:
Sanjeeb K.Panigrahi, J.
1. The Appellant has filed the instant Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973/ Section 415 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellate jurisdiction of this Court. The appeal is preferred against the Judgment dated 01.10.2014 passed by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Phulbani, in C.T. Case No.56 of 2021 arising out of Raikia P.S. Case No.82 of 2021, whereby the appellant was convicted for the offences under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 354 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs 5,000/- and in default of payment of fine undergo rigorous imprisonment for two months.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) On 26.08.2021, at about 3 PM, the informant, along with the victim, her parents, and her cousin sister, was travelling from the village Raikia to G. Udayagiri in a Pakhiraj Bus. During the journey, the victim was seated on the right-side window seat of the said bus.
(ii) The Victim alleged
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
(1) Most important ingredient for constituting offence of sexual assault under Section 7 of POCSO Act is “sexual intent” and not “skin to skin” contact with child.(2) Interpretation of Section 7 of P....
The main legal point established in the judgment is the interpretation and application of the provisions of the POCSO Act, specifically Section 7 read with Section 8, in determining the guilt of the ....
The conviction under the POCSO Act and IPC was upheld based on the victim's credible testimony and the established sexual intent of the Appellant.
The prosecution must establish both the victim's age and the accused's specific intent for conviction under the POCSO Act, with intoxication acting as a potential defense only if it incapacitates the....
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
The conviction of the appellant for sexual assault on a minor was upheld based on credible victim testimony and proper age determination under the POCSO Act.
The court affirmed the conviction under the POCSO Act and IPC, finding sufficient evidence of sexual intent despite the appellant's claims of a lack of intent, supported by victim corroboration and a....
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