Back
T. AMARNATH GOUD, ARINDAM LODH
Arun Tripura – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. criminal proceedings related to abduction and pocso act (Para 1 , 2 , 3 , 4) |
| 2. trial process and examination of witnesses (Para 5 , 6 , 7) |
| 3. arguments presented by both parties (Para 8 , 10 , 11 , 12) |
| 4. assessment of victim's testimony and discrepancies (Para 14 , 15 , 16) |
| 5. conclusion and acquittal of the appellant (Para 17 , 18) |
JUDGMENT
T. Amarnath Goud, J. - This appeal has been directed under Section 374 of CrPC against the judgment and order of conviction and sentence dated 04.03.2020, passed in Case No. Special 9 (POCSO) of 2018 whereby and whereunder the learned Special Judge, South Tripura, Belonia has convicted the appellant under Section 17 of POCSO Act read with Section 6 of POCSO Act and sentenced him to suffer R.I. for 10 (ten) years and to pay a fine of Rs. 10,000/- (Rupees ten thousand) for the said offence, in default to payment of fine, the appellant shall suffer further R.I. for 6 (six) months. The appellant is further convicted under Section 368 of IPC and sentenced him to suffer R.I. for 7 (seven) years and to pay a fine of Rs. 5,000/- (Rupees five thousand) for the said offence, in default to payment of fine, the appellant shall suffer further
The prosecution must establish a defendant's guilt beyond reasonable doubt; inconsistencies in victim testimony cannot support conviction.
The prosecution must establish the victim's minor status and consent beyond reasonable doubt; discrepancies in evidence can lead to acquittal.
Consent of a minor is immaterial in sexual assault cases; the accused's marriage does not justify the offense, affirming protective laws against child exploitation.
Conviction under POCSO Act confirmed based on credible testimonies and medical evidence, demonstrating guilt despite challenges to the prosecution's credibility.
The court emphasized that the prosecution must prove the victim’s age beyond a reasonable doubt to establish the charge of rape, which was not satisfied in this case.
Prosecution must prove its case beyond a reasonable doubt; inconsistencies in victim's testimony and lack of corroboration led to acquittal.
Penetrative sexual assault – Corroboration of medical evidence is necessary in cases where prosecution evidence is shaky.
Conviction under POCSO Act requires credible evidence; inconsistencies and potential tutoring in the victim's testimony can render a conviction unsafe.
Elopement of minor girl under 18 does not negate kidnapping from lawful guardianship under Section 363 IPC, as her consent is inconsequential without guardian's approval; POCSO conviction under Secti....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
