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AKIL KURESHI, ARINDAM LODH
Sushanta Banik – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
Arindam Lodh, J. - In a sessions trial, the appellant was convicted and sentenced to suffer rigorous imprisonment for 10 years for committing offence under Section 4 of the Protection of Children from Sexual Offences (for short, ‘POCSO’) Act along with a fine of Rs. 10,000/- and rigorous imprisonment for 3 years for committing offence under Section 354D of the INDIAN PENAL CODE (for short, ‘IPC’) along with a fine of Rs. 2000/- with default stipulations in connection with Case No. Special 3 (POCSO) of 2016. The appellant has been in jail w.e.f. the date of pronouncement of the judgment and order of conviction and sentence dated 17.12.2019.
2. Prosecution case, as reproduced by the learned Special Judge is as under:
“The prosecution case in a nutshell is that on 25.02.2016 Smt. “D” (name withheld to protect her identity), aged 16 years, daughter of Sri Mitrijoy Tripura of Gomtibari (Mandirghat), P/S Natunbazar, (residing in the Govt. quarter of her sister’s husband), lodged a written ejahar with the Officer-in-Charge of Natunbazar Police Station alleging that on 22.02.2016, Monday, at about 8.00 p.m. she and her two classmates went out from the quarter to attend private tuit
In cases of rape, inconsistencies and lack of corroborative evidence, particularly regarding victim identification and age, undermine prosecution's case, necessitating acquittal.
Credibility of victim testimony in sexual assault cases is paramount; delays and minor discrepancies in reporting do not invalidate the prosecution's case when strong corroborative evidence exists.
The credibility of witness testimonies, especially that of the victim, and the importance of corroborating evidence such as medical reports and chemical analysis in establishing guilt in criminal cas....
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
In sexual assault cases under the POCSO Act, the prosecution must provide overwhelming evidence beyond the victim's testimony, which must be credible and consistent.
The court upheld the conviction under the POCSO Act based on strong testimonial and medical evidence, affirming that negative DNA results do not undermine the prosecution's case.
Sentence - Kidnapping and abduction - Sentence cannot be reduced as Manner of commission of offence was cruel.
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