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HIGH COURT OF TRIPURA AGARTALA
Biswajit Palit, J.
Sri Kuddos Miah - Appellant
Versus
The State of Tripura - Respondent
Crl.Appeal. No. 04 of 2023
Decided On : 23-04-2024
POCSO - Conviction - POCSO Act, 2012 - Sections 6, 8 - The court upheld the conviction under Section 8 of the POCSO Act, emphasizing the reliability of the victim's testimony despite minor contradictions in other witnesses' statements.
Fact of the Case:
The appellant was convicted for sexually assaulting a minor girl, with the prosecution alleging that he took the victim to his house and attempted to commit rape. The case was based on the victim's testimony and corroborating evidence from her parents.
Finding of the Court:
The court found the victim's testimony credible and unshaken by cross-examination, despite some contradictions in the testimonies of other witnesses. The absence of independent witnesses did not undermine the victim's account.
Issues: Whether the evidence presented by the prosecution, particularly the victim's testimony, was sufficient to uphold the conviction of the appellant for the alleged sexual assault.
Ratio Decidendi: The court held that the testimony of a child victim, if credible, can be sufficient for conviction without corroboration, especially in sexual assault cases, where the victim's reliability is paramount.
Result: The appeal was dismissed, and the conviction and sentence were upheld.
JUDGMENT & ORDER
Biswajit Palit, J. - This appeal is preferred under Section 374 of Cr.P.C. challenging the judgment and order of conviction and sentence dated 23.02.2023 passed by Learned Special Judge (POCSO), Sepahijala Tripura, Sonamura, in connection with case No.Special (POCSO) 03 of 2019. By the said judgment, Learned Trial Court has convicted the appellant to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs.5,000/-(Rupees five thousand only) and in default to suffer further simple imprisonment for 3 (three) months for commission of the offence punishable under section 8 of POCSO Act, 2012.
2. Heard Learned Counsel, Mr. Rajib Saha for the appellant and also heard Learned Additional P.P., Mr. S. Ghosh representing the prosecution. Before coming to the conclusion of this appeal, let us revisit the subject matter of the prosecution case before the Learned Trial Court.
The prosecution case in short was that on 24.05.2018, one Rojina Akter, wife of Mannan Miah of UNC Nagar, laid one written complaint to the O/C Sonamura P.S. alleging inter-alia that on 23.05.2018 at about 1600 hours, the FIR named accused namely Kuddos Miah took her minor daughter to his house by inducing her to give biscuits. On arrival to his residence, he disrobed the inner wear of the minor daughter of the informant and touched her private part. Thereafter, he tried to commit rape upon the minor daughter of the informant when the minor daughter of the complainant started hue and cry then the accused Kuddos Miah pressed her mouth and started assaulting her. On seeing the incident, the wife of accused started hue and cry and after that the accused left the minor daughter of the informant and started beating his wife. While the wife of the accused and minor daughter of Rojina Akter raised alarm, that time the local people came there and saved the minor daughter of the informant. Hence, the informant laid the FIR. O/C, Sonamura P.S. accordingly registered Sonamura P.S. Case No.59 of 2018 under Section 376(2)(i) of IPC and Section 6 of POCSO Act and the case was endorsed to S.I. Bikash Debbarma for investigation. The I.O. after completion of investigation laid charge-sheet against the accusedappellant under Section 376(AB) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 vide C/S No.24/2019 dated 10.05.2019. Before the Learned Trial Court, charge of Section 376(2)(i) IPC read with Section 4 of POCSO Act was framed against the appellant to which he pleaded not to be guilty and claimed to be tried.
03. To substantiate the charge, prosecution in this case has adduced in total 11 Nos. of witnesses and the prosecution also tendered and relied upon some documents which were marked as Exhibits:
Name of the Witnesses:
1. PW1- The Victim.
2. PW2- Rojina Akter.
3. PW3- Mannan Miah
4. PW4- Dr. Sharmistha Das.
5. PW5- Maiful Khatun.
6. PW6- Sarmila Debbarma.
7. PW7- Maiful Bibi.
8. PW8- SI Srikanta Chakraborty.
9. PW9- Sri Ramanuj Bhattacharjee.
10. PW10- Dr. Sabyasachi Nath.
11. PW11- SI Bikash Debbarma.
Exhibited Document:
Exhibit-1 : The written complaint.
Exhibit-1/1: Signature of PW-1 in the written complaint.
Exhibit-1/2: The endorsement of PW-8 on the written complaint.
Exhibit-2 : The medical report of the victim dated 24.05.2018.
Exhibit-3 : The consent letter with signature of the mother of the victim.
Exhibit-4 : The medical report of accused dated 25.09.2019.
Exhibit-5 : The formal FIR.
Exhibit-5/1: Signature of PW-8 in the formal FIR.
Exhibit-6 : The statement of the victim under Section 164(5) of Cr.P.C. recorded by PW-9.
Exhibit-6/1(as a whole): Signature of PW-9 on statement of the victim u/s 164(5) of Cr.P.C.
Exhibit-7 : The seizure list dated 03.07.2018.
Exhibit-7/1: Signature of PW-2 in the seizure list dated 03.07.2018.
Exhibit-7/2: Signature of PW-11 in the seizure list dated 03.07.2018.
Exhibit-7 : The SFSL report dated 10.10.2018.
Exhibit-7/1: Signature of PW-10 on the SFSL report.
Exhibit-8(as a whole): The forwarding of th
The court affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
In sexual assault cases, the victim's testimony is vital and can form the sole basis for conviction if it inspires confidence. Corroboration is not a strict legal requirement, and minor discrepancies....
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
The testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
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