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HIGH COURT OF TRIPURA AGARTALA
BISWAJIT PALIT
Md. Usman Ali @ Manar Ali, S/o. Md. Junab Ali – Appellant
Versus
State of Tripura To be represented by the Ld. Public Prosecutor, High Court of Tripura, Agartala – Respondent
JUDGMENT :
BISWAJIT PALIT, J.
This appeal is filed challenging the judgment and order of conviction and sentence dated 18.10.2023 delivered by Learned Addl. Sessions Judge, Unakoti District, Kailashahar in connection with case No.S.T.(Type-1) 18 of 2021.
2. Heard Learned Counsel, Mr. Kawsik Nath appearing on behalf of the appellant-accused and also heard Learned P.P., Mr. Raju Datta along with Learned Addl. P.P., Mr. R. Saha appearing on behalf the State-prosecution.
3. Taking part in the hearing, Learned Counsel for the appellant first of all drawn the attention of the Court that the Learned Court below in this case framed charge against the appellant under Section 448/376/323/506 of IPC but on conclusion of trial, Learned Trial Court found the appellant to be guilty under Section 448/323 of IPC and convicted him accordingly. Learned Counsel further submitted that in this case prosecution could not adduce any independent public witness to support the case of the victim. Furthermore, the victim in the FIR did not say anything about the ingredients of offence punishable under Section 376 of IPC, but when she turned up to the witness box to depose as a witness, that time she stated that
The court affirmed conviction under Sections 448 and 323 of IPC, citing insufficient evidence for rape charge under Section 376, emphasizing the need for corroborative evidence.
Conviction for rape can be upheld solely on victim's testimony if credible; minor's status under POCSO necessitates stringent punishment.
The sufficiency of solitary evidence in cases of sexual offences and the requirement for consistency and trustworthiness in such testimony.
The prosecution failed to prove the charges beyond a reasonable doubt, leading to the conviction's reversal.
The main legal point established in the judgment is the requirement of direct evidence to prove the awareness of the victim's caste for conviction under section 3(2) (v) of the Scheduled Caste/Schedu....
Conviction under lesser charges cannot be sustained if the primary charge is not proven, emphasizing the need for corroborative evidence.
The reliability of witness statements and the importance of corroborating evidence in criminal cases.
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