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T. AMARNATH GOUD, ARINDAM LODH
Maman Miah @ Idhar Ali – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. conviction under pocso act and ipc detailed. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding credibility and evidence. (Para 6 , 7) |
| 3. corroborated testimony leads to conviction. (Para 8 , 9 , 10 , 11 , 12) |
| 4. confirmation of conviction and punishment. (Para 13) |
| 5. conclusion: appeal dismissed. (Para 14) |
JUDGMENT
Amarnath Goud, J. - Heard Mr. A. Acharjee, learned counsel appearing for the appellant as well as Mr. S. Debnath, learned Additional PP appearing on behalf of the respondent-State.
2. This appeal arises out of the judgment of conviction and order of sentence dated 02.09.2021 passed in connection with case No. Special 12 of 2019 (POCSO) by the learned Special Judge, Gomati Judicial District, Udaipur, whereby and whereunder the appellant has been convicted under Section 6 of the POCSO Act and sentenced to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 5,000/- with default stipulation and, further sentenced him to suffer rigorous imprisonment for one year for the offence committed under Section 448 of the IPC.
3. On 25.04.2019, as per the case of the prosecution, the daughter (name withheld) of the informant, aged 8 years, when was alone in
Conviction under POCSO Act confirmed based on credible testimonies and medical evidence, demonstrating guilt despite challenges to the prosecution's credibility.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The prosecution must establish the guilt of the accused beyond reasonable doubt, relying on credible evidence; absence of physical corroboration led to acquittal.
The main legal point established is the application of the POCSO Act to convict the appellant for aggravated penetrative sexual assault on a minor, considering the victim's testimony, medical evidenc....
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.
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
The conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
Prosecution must prove its case beyond a reasonable doubt; inconsistencies in victim's testimony and lack of corroboration led to acquittal.
The absence of corroborative medical or forensic evidence precludes establishing the guilt of an accused beyond a reasonable doubt in sexual assault cases.
The testimony of a minor victim can be sufficient for conviction under the POCSO Act if it is credible, regardless of the victim's prior sexual history.
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