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IN THE HIGH COURT OF TRIPURA AT AGARTALA
Akil Abdul Hamid Kureshi, Arindam Lodh, JJ.
Manik Bhakti - Appellants
Vs.
The State of Tripura - Respondent
Crl. A. (J) 48 of 2019
Decided On : 13-04-2021
POCSO - Conviction under Section 6 - POCSO Act 2012 - Section 6
Fact of the Case:
The appellant appealed against the conviction and sentence under Section 6 of the POCSO Act for committing aggravated penetrative sexual assault on his minor daughter. The victim's mother lodged a complaint stating that the appellant attempted to rape the victim while they were alone at home. The victim's age was a crucial factor in the case.
Finding of the Court:
The court found the appellant guilty based on the victim's testimony and the statements of witnesses. The court also considered medical reports and the victim's age to establish the offence. The court modified the sentence to 14 years of rigorous imprisonment based on the appellant's age.
Issues: The issues revolved around the credibility of the victim's testimony, discrepancies in statements, and the age of the victim.
Ratio Decidendi: The court relied on the victim's immediate disclosure of the incident to witnesses, medical evidence, and the definition of aggravated penetrative sexual assault under Section 5(n) of the POCSO Act. The court also applied the presumption of guilt under Section 29 of the POCSO Act.
Final Decision: The appeal was partly allowed, and the sentence was modified to 14 years of rigorous imprisonment.
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 complaint, the complainant stated that the incident was discussed within her family and for that purpose a considerable time was consumed to lodge the complaint.
3. On the basis of the said complaint dated 08.09.2015, the OC, Churaibari PS registered a case being FIR No. CRB 036 under Section 354B of the Indian Penal Code and under Section 6 of POCSO Act. Investigation was carried out. During investigation, police seized the wearing apparels of the victim, arranged to record the statement of the victim under Section 164(5) of CrPC, arranged for medical examination of the victim as well as the accused, sample of vaginal swab was sent to the State Forensic Science Laboratory, arranged for ossification test to determine the age of the victim, examined and recorded the statements of the available witnesses. Thereafter, being satisfied that a prima facie case was established, IO submitted charge sheet against the accused-appellant.
4. On being committed the case, learned Special Judge framed charges against the accused under Section 6 of the POCSO Act, 2012 as well as under Section 376(1) of the Indian Penal Code.
5. In order to substantiate the charges, prosecution examined as many as 12 witnesses and introduced 11 documents which were exhibited on proof.
6. At the closure of recording prosecution evidence, accused-appellant was examined under Section 313, CrPC to which he pleaded his innocence and also expressed his desire to adduce evidence on his behalf. Accordingly, he adduced two witnesses including him.
7. Having heard the learned counsels appearing for the parties and on consideration of the evidence and materials brought on record, the learned Special Judge recorded the finding of guilt against the accused and convicted and sentenced him as aforestated.
8. Being aggrieved by the said judgment and order of conviction and sentence, the appellant has preferred the instant appeal and prayed for acquittal.
9. In course of hearing of this appeal, we have heard Mrs. S. Chakraborty, learned counsel appearing for the appellant. Also heard Mr. S. Debnath, learned Additional Public Prosecutor appearing on behalf of the State-respondent.
10. Mrs. Chakraborty, learned counsel for the appellant submitted that the prosecution has miserably failed to substantiate the charges levelled against the accused-appellant. According to her, the version of the victim was not found to be trustworthy. Learned counsel for the appellant tried to persuade us that the prosecution has failed to produce the complainant, the mother of the victim to adduce evidence before the court though her name was shown as one of the witnesses to the case. Mrs. Chakraborty, learned counsel further contended that there were material contradictions between the statements made in the FIR and the testimonies of
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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