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T. AMARNATH GOUD, ARINDAM LODH
Samar Orang – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. summary of case facts and charges. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court's analysis of evidence and doubts. (Para 7 , 12 , 13) |
| 3. arguments regarding the accused's involvement. (Para 10 , 11) |
| 4. reasoning for acquittal based on insufficient evidence. (Para 14) |
| 5. conclusion and order of acquittal. (Para 15 , 16) |
JUDGMENT
T. Amarnath Goud, J. - This present appeal has been filed under Section 374 of Cr.P.C. against the impugned judgment and order dated 09.04.2019 passed by the learned Special Judge, Khowai, Tripura, in case No. Special(POCSO) No.13 of 2018, whereby and whereunder, the appellant has been convicted under Section 376(2)(i) of IPC and sentenced to suffer R.I. for 10 years and to pay a fine of Rs.10,000/-(ten thousand) with default stipulation. Further, the appellant has been convicted under Section 4 of POCSO Act and sentenced to suffer R.I. for 7 years and to pay a fine of Rs.5,000/-(five thousand), with default stipulation.
2. The fact of the case in brief is that on 02.03.2018 at about 14.45 hrs, the complainant, Bishaka Orang, W/o, Sri Rajendra Orang of East Ganki , under Khowai Police Station, Khowai Tripura lodged a written complaint with the officer
The absence of corroborative medical or forensic evidence precludes establishing the guilt of an accused beyond a reasonable doubt in sexual assault cases.
Conviction under POCSO Act confirmed based on credible testimonies and medical evidence, demonstrating guilt despite challenges to the prosecution's credibility.
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 requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
Point of Law : On the analysis of the entire evidence on record, specifically the evidence as discussed above, the offence under section 6 of POCSO Act, 2012 has been proved against appellant beyond ....
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.
Child victim's testimony in POCSO cases given due weightage if consistent despite minor discrepancies; corroborated by independent witness and vaginal redness suffices; core facts proved raises Secti....
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