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T. AMARNATH GOUD, ARINDAM LODH
Jowel Nath @ Suman – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. judgment overview and sentencing (Para 1 , 8 , 9) |
| 2. framework of offense under pocso and ipc (Para 2 , 3 , 4) |
| 3. defense's argument against the conviction (Para 11 , 12) |
| 4. court's assessment on victim's age and consent (Para 19 , 20 , 21 , 22) |
| 5. final affirmation of the conviction with modifications (Para 23 , 24) |
JUDGMENT
T. Amarnath Goud, J. - This instant appeal has been filed under Section 374(2) of the CRIMINAL PROCEDURE CODE for quashing/setting aside of the judgment and order of conviction dated 01.09.2021 passed by the learned Special Judge (POCSO), North Tripura, Dharmangar, Tripura in Case No. Special (POCSO) 02 of 2020.
2. The fact of the case, in brief, is that, one Smt. Shelly Rani Das, W/o Sri Sajal Kanta Das of West Padmadil, Ward No.05, P.S. Panisagar, North Tripura, District-Tripura, lodged an ejahar on 18.12.2019 with the officer-in-charge of Panisagar Police Station. In the said ejahar, it was alleged that on 05.11.2019 at about 6.30 to 7.00 am, her minor daughter, name withheld, a student of Class-VIII, aged about 14(fourteen) years went out from the home to attend her private tuition at Nutun Bazar, Padmabil, but, she did not return home. At abou
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.
The prosecution must establish the victim's minor status and consent beyond reasonable doubt; discrepancies in evidence can lead to acquittal.
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
An offence under Section 363 of IPC attracts punishment – “whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term whic....
Rape – Consent of minor has no legal sanctity.
The prosecution failed to prove the victim's age and the occurrence of sexual intercourse, leading to the acquittal of the appellant.
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
(1) Mere recovery of a child from some other person ipso facto does not to prove offence under Section 363, IPC – Prosecution has to prove that accused either took or enticed minor out of keeping of ....
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
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