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A. LODH
Subal Bhowmik – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. conviction under pocso based on evidence (Para 1 , 2 , 3) |
| 2. prosecution’s evidence and trial procedure (Para 4 , 5 , 6) |
| 3. debate on victim's age and prosecution's case strength (Para 10 , 11) |
| 4. confirmation of victim's age and consistent testimony (Para 19) |
| 5. dismissal of appeal and confirmation of conviction (Para 20 , 21) |
JUDGMENT AND ORDER (ORAL)
1. This appeal is directed against the judgment and order of conviction and sentence dated 05.07.2019, passed by learned Special Judge, khowai District, Khowai, in connection with case No. Special (POCSO) 08 of 2015 whereby and whereunder the convict-appellant has been convicted under Section 8 of Protection of Children from Sexual Offences (POCSO) Act and sentenced him to suffer R.I. for 3 (three) years along with a fine of Rs.5,000/- with default stipulation.
2. Short facts of the case are that one Rakhi Das, lodged a written complaint before the Officer-in-Charge, Teliamura Police Station stating inter alia that on 08.09.2014, at about 12:30 hours, her minor daughter [name withheld], aged about 10 years, went out a little distance from their house for letting their goats. At that time, Subal Bhowmik, the accused- a
The court upheld the conviction under POCSO, establishing that the victim's age was proven beyond reasonable doubt despite defense arguments, emphasizing the burden of proof rests with the prosecutio....
The court affirmed the conviction under the POCSO Act, finding corroborating evidence proving the age of the victim and the appellant's actions beyond reasonable doubt.
Consistent victim testimony and supporting age documentation suffices for conviction under sexual offences, affirming the trial court's judgment when no contradictions exist.
The prosecution must establish the age of the victim beyond reasonable doubt in cases under the POCSO Act; failure to provide adequate evidence leads to acquittal.
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
The court reinforced the importance of proving victim’s age via school records under the Juvenile Justice Act, alongside acknowledging that minor discrepancies in testimony do not discount credibilit....
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.
The prosecution bears the burden of proving the victim's age in cases involving the POCSO Act, and failure to do so undermines the validity of charges related to sexual offences against minors.
The prosecution failed to establish the victim's age under POCSO Act, rendering the conviction invalid due to insufficient evidence and procedural errors.
The court affirmed that repeated sexual intercourse with a minor under 18 years constitutes an aggravated offense under Section 6 of the POCSO Act, irrespective of consent claims, establishing the ac....
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