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ARINDAM LODH
Paresh Das – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. case factual background and trial initiation (Para 3 , 4 , 5) |
| 2. contentions of the appellant and state (Para 8 , 9) |
| 3. court's observations on evidence (Para 10 , 11) |
| 4. sentencing considerations (Para 12 , 13) |
| 5. partially allowed appeal with conditions (Para 14) |
JUDGMENT
1. Heard Mr. T. D. Majumdar, learned Senior Counsel assisted by Mr. Biplab Debnath, learned counsel appearing for the appellant. Also heard Mr. S. Ghosh, learned Additional P.P. appearing for the State-respondent.
2. This appeal is directed against the judgment and order of conviction and sentence dated 06.02.2021, passed by the learned Special Judge, West Tripura, Agartala, in case No. Special (POCSO) 35 of 2017 whereby and whereunder the appellant was convicted under Section 451 of the INDIAN PENAL CODE and sentenced to suffer simple imprisonment for 1(one) year and also to pay a fine of Rs. 5,000/- with default stipulation and, further convicted the appellant under Section 354 of the INDIAN PENAL CODE and in the alternative under Section 8 of the POCSO Act and sentenced him to suffer Rigorous Imprisonment for 3(three) years with default stipulation.
3. The facts of the case, in brief, are that, t
The prosecution must prove accusations beyond a reasonable doubt, and if doubts persist, they favor the accused, with appropriate consideration for the offender's age and health in sentencing.
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....
Under the POCSO Act, injury is not necessary to prove sexual assault as the burden of disproof lies on the accused, and consistent victim testimony can establish guilt beyond reasonable doubt.
Guilt under the POCSO Act does not require injury proof; the accused carries the burden of proof to disprove allegations of sexual assault.
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.
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 victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
Prosecution must prove its case beyond a reasonable doubt; inconsistencies in victim's testimony and lack of corroboration led to acquittal.
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....
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