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T. AMARNATH GOUD, ARINDAM LODH
Durjyo Karmakar @ Durju Karmakar @ Durja Karmakar – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. R. G. Chakraborty, learned counsel appearing for the convict-appellant. Also heard Mr. Sumit Debnath, learned Addl. Public Prosecutor, appearing for the respondent-State.
2. This criminal appeal has been filed under Section-374 of the Code of Criminal Procedure is directed against the judgment and order of conviction and sentence dated 25.02.2019 passed by the learned Special Judge, Dharmanagar, North Tripura Judicial District in connection with case No. POCSO 05 of 2017, whereby and whereunder, the appellant has been convicted under Sections-447/376(2) of IPC and thereby sentenced him to suffer RI for 3(three) months under Section-447 of IPC and further sentenced to suffer RI for 10(ten) years for the offence punishable under Section-376(2) of IPC and in default, pay fine of Rs.10,000/- with default stipulation. Both the sentences shall run concurrently.
3. The case of the prosecution, in a nutshell, is that on 26.09.2016, one Kamal Ganju, the complainant-father of the victim has appeared at Kadamtla PS and lodged one written ejahar with the O/C PS to the effect that he has only a daughter namely, 'X' (name withheld) who was aged about 15 yea
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.
The court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The prosecution must prove foundational facts, including the victim's age and the occurrence of the alleged crime, beyond reasonable doubt for a conviction under the POCSO Act.
The prosecution must establish the victim's age as below 18 years and provide corroborating evidence to prove charges under the POCSO Act.
The prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
The court upheld the conviction for abduction and rape based on testimonial and medical evidence, emphasizing the validity of medical age assessment in absence of primary documents.
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