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ARINDAM LODH
Jakir Miah Alias Tanu – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. conviction and sentence details (Para 1 , 3 , 4 , 5 , 6) |
| 2. court's review and findings (Para 2 , 7 , 11 , 12 , 13 , 15) |
| 3. defense argues prosecution failed (Para 9 , 10) |
| 4. dismissal of appeal confirmed (Para 16 , 17) |
JUDGMENT
1. The present appeal is directed against the judgment and order of conviction and sentence dated 06.03.2021, passed by learned Special Judge, South Tripura, Belonia in Case No. Special (POCSO) 4 of 2020 whereby and whereunder the accused-appellant had been convicted for committing offence punishable under Section 447 of the INDIAN PENAL CODE and sentenced him to suffer Rigorous Imprisonment for one month along with a fine of Rs.500/- (Rupees five hundred) for the said offence with default stipulation. The accused-appellant had also been convicted for committing offence punishable under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and sentenced him to suffer Rigorous Imprisonment for 3(three) years along with a fine of Rs.2,000/- (Rupees two thousand) for the said offence with default stipulation.
2. Heard Mr. S. Bhattacharjee, learned counsel appearing for the accused-appellant. Also heard Mr. S. Debnath, le
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....
Prosecution must prove its case beyond a reasonable doubt; inconsistencies in victim's testimony and lack of corroboration led to acquittal.
Consistent victim testimony and supporting age documentation suffices for conviction under sexual offences, affirming the trial court's judgment when no contradictions exist.
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.
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 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 victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The main legal point established in the judgment is the reliance on the sole testimony of the victim in cases of sexual assault, emphasizing the credibility and trustworthiness of the victim's testim....
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