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ARINDAM LODH
Ratan Lal Banik – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
1. This is an appeal under Section 374(2) of CrPC against the judgment and order of conviction and sentence dated 25.01.2019, passed by learned Special Judge, Kailashahar, Unakoti Tripura in case No. Special (POCSO) 30 of 2015, whereby and whereunder the appellant has been convicted under Section 4 of POCSO Act, 2012 and sentenced to suffer RI for 8(eight) years and to pay a fine of Rs.10,000/- with default stipulation.
2. Heard Mr. R.G. Chakraborty, learned counsel appearing for the appellant. Also heard Mr. Sumit Debnath, learned Addl. P.P. appearing for the State-respondent.
3. The prosecution case was set in motion on the basis of a complaint lodged by the grandmother (namely Smt. Shila Chakraborty, PW1) of the victim, wherein she stated inter alia that the accused had sexually assaulted her grand-daughter by inserting his fingers to the private part of the victim, since he failed to insert his penis into the private part of her grand-daughter. Her grand-daughter was aged above 6(six) years but below 7(seven) years. As she felt pain, she was taken to hospital on the next day where she was treated for 4/5 days. PW1 made statements before WSI PW19 in the hospital itself ora
The conviction under the POCSO Act was upheld amidst witness discrepancies, highlighting the importance of victim's consistent testimony; sentence was modified to five years for proportionality based....
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 ....
Conviction for aggravated penetrative sexual assault was overturned due to lack of penetrative evidence; modified conviction for sexual assault under relevant sections of the POCSO Act was upheld.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
The main legal point established in the judgment is the correct interpretation and application of the definitions of sexual assault under Section 375 IPC and Section 3/7 of the POCSO Act in determini....
Point of law: Section 42(A) of the POCSO Act, Section 31 of Cr.P.C., need not be strictly followed while awarding the punishment of imprisonment for offence under the POCSO Act.
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
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