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BISWAJIT PALIT
Kuddos Miah – Appellant
Versus
State of Tripura – Respondent
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 hous
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.
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....
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
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