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ARINDAM LODH
Ripan Sharma – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. details of the accusation against the appellant. (Para 3 , 4) |
| 2. arguments regarding the credibility of victim's testimony. (Para 8 , 9) |
| 3. court's doubts on the victim's integrity and evidence. (Para 10 , 11 , 12 , 13 , 14) |
| 4. final judgment to quash conviction and set the accused free. (Para 15 , 16) |
JUDGMENT
Heard Mr. A. Acharjee, learned counsel for the accused-appellant as well as Mr. S. Debnath, learned Additional PP appearing for the State-respondent.
2. This appeal under Section 374 Cr.P.C. is directed against the judgment of conviction and sentence dated 20.09.2019 passed by the learned Special Judge, Gomati Judicial District, Udaipur in case No. Special 14 of 2018 (POCSO) whereby and where under the appellant has been convicted under Section 8 of the POCSO Act and sentenced to suffer R.I. for 3 (three) years and to pay a fine of Rs. 5,000/- with default stipulation, and further convicted under Section 448 IPC and sentenced to suffer R.I. for 6 (six) months.
3. The facts of the case, as projected by the learned Special Judge, Gomati Judicial District, Udaipur, are as under:
'The prosecution case in short is that on 05.10.2018 one Smt. Chinu Sarkar, W/o Sri Mar
Prosecution must prove its case beyond a reasonable doubt; inconsistencies in victim's testimony and lack of corroboration led to acquittal.
Consistent victim testimony and supporting age documentation suffices for conviction under sexual offences, affirming the trial court's judgment when no contradictions exist.
The main legal point established in the judgment is the reliance on corroborative evidence, including medical reports and witness testimony, to establish the commission of sexual offences. Additional....
The credibility of a victim's testimony, the nature of the offense under POCSO Act, and the lack of injury in a medical examination do not necessarily affect the establishment of guilt.
Corroborative evidence from the victim and witnesses established the offense under relevant sexual assault provisions; inconsistencies in witness testimonies pertained to minor details, not affecting....
Conviction under POCSO Act confirmed based on credible testimonies and medical evidence, demonstrating guilt despite challenges to the prosecution's credibility.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The conviction for criminal trespass and sexual assault under IPC and POCSO Act was upheld based on consistent testimony from the victim and corroborating evidence, establishing guilt beyond reasonab....
The prosecution must prove foundational facts in cases under the POCSO Act, and the victim's testimony must be reliable and corroborated to support a conviction.
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