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AKIL ABDUL HAMID KURESHI, ARINDAM LODH
Manik Bhakti – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
Arindam Lodh, J.
1. This is an appeal filed by the appellant against the judgment and order of conviction and sentence dated 09.11.2017, passed by the learned Special Judge (POCSO), North Tripura, Dharmanagar in Case No. POCSO ACT 02 of 2017 whereby and whereunder the appellant has been convicted under Section 6 of Protection of Children from Sexual Offences (POCSO) Act and sentenced to suffer R.I. for life which shall mean remainder part of his life and to pay a fine of Rs. 10,000/- with default stipulation.
2. Briefly stated that the mother of the victim, Smt. Sumitra Bhakti lodged a written complaint on 08.09.2017 to the Officer-in-Charge of Churaibari Police Station, Dharmanagar, inter alia, stating that on 05.09.2015 when she, her other sons and daughters were not at home, her husband namely Manik Bhakti at noon made an attempt to commit rape upon her victim daughter while she was alone at her home. Hearing the cry of her daughter, Namita Chanda and her husband Binay Chanda rushed to her house and saved her. It was further stated that at the time of lodging of that complaint her victim daughter was suffering from physical pain. Explaining the delay in lodging the compl
The main legal point established is the application of the POCSO Act to convict the appellant for aggravated penetrative sexual assault on a minor, considering the victim's testimony, medical evidenc....
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 main legal point established in the judgment is the significance of establishing the victim's minority and the credibility of testimonies in cases of sexual offenses against minors.
The main legal point established in the judgment is the reliance on the sole testimony of the victim in cases of sexual assault, emphasizing the credibility and trustworthiness of the victim's testim....
The prosecution must establish the guilt of the accused beyond reasonable doubt, relying on credible evidence; absence of physical corroboration led to acquittal.
The court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
The court affirmed that once foundational facts of sexual assault are established, the presumption of guilt under the POCSO Act applies, shifting the burden to the accused to prove otherwise.
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