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ARINDAM LODH
Setu Ghosh – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. conviction based on victim's testimony. (Para 2 , 3 , 4) |
| 2. defense claims enmity, medical report discrepancies. (Para 9 , 11) |
| 3. victim's consistent disclosure corroborated by witnesses. (Para 12 , 13 , 14 , 15 , 16) |
| 4. presumption of guilt; offense establishment independent of injury. (Para 17) |
| 5. appeal dismissed; appellant must surrender. (Para 18) |
JUDGMENT
Arindam Lodh, J. - Heard Mr. Kawsik Nath, learned counsel appearing for the appellant. Also heard Mr. S. Debnath, learned Addl. P.P. appearing for the State-respondent.
2. The present appeal is directed against the judgment and order of conviction and sentence dated 09.02.2021, passed by the Ld. Special Judge, Fast Track Special Court, Unakoti Judicial District, Kailashahar, in Case No. Special (POCSO) 10/2019 whereby and whereunder the appellant herein has been convicted under Section 8 of POCSO Act and was sentenced to suffer simple imprisonment for three years.
3. Facts of the case, in brief, are that, on the fateful date and time the victim was taken by the appellant to his nearby house. After they entered into the room the appellant had closed all the doors and the windows of the room. In the complaint it i
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 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 victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
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.
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