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ARINDAM LODH
Dipankar Roy – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. conviction details and background facts. (Para 2 , 3 , 4) |
| 2. arguments presented by both parties. (Para 6 , 7) |
| 3. court's evaluation of evidence and credibility. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. final verdict and acquittal. (Para 14) |
JUDGMENT
Arindam Lodh, J. - Heard Mr. S. Bhattacharjee, learned counsel for the appellant as well as Mr. Ratan Datta, learned PP assisted by Mr. S. Debnath, learned Additional PP appearing for the State-respondent.
2. This appeal arises out of the judgment and order of conviction and sentence dated 28.11.2019 in connection with case No. Special (POCSO) 54 of 2016 whereby and whereunder the learned Special Judge, West Tripura, Agartala had convicted the appellant for the offence punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO) and, sentenced him to suffer R.I. for three year and to pay a fine of Rs. 50,000/- with default stipulation.
3. The mother of the victim girl, PW-2 (name withheld) had lodged a complaint with the Officer-in-Charge of Amtali police station, West Tripura on 20.05.2016 stating inter alia that two years back while her daughter was studying in class VII at Kendriy
The prosecution must establish the charges beyond a reasonable doubt, and inconsistencies in witness testimonies, particularly in sexual abuse cases involving minors, undermine the credibility of the....
Prosecution must prove its case beyond a reasonable doubt; inconsistencies in victim's testimony and lack of corroboration led to acquittal.
The importance of the victim's evidence, the inhumane mindset of the abuser, and the need for corroboration in cases of child sexual abuse.
The court upheld the conviction of the appellant under the POCSO Act, affirming that credible victim testimonies are sufficient to establish guilt in sexual offense cases, as per established legal st....
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....
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
The court determined that evidence did not support a conviction under Section 10 of the POCSO Act, modifying it to Section 12, reflecting inconsistencies in witness testimonies.
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