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HIGH COURT OF TRIPURA
Sri Santosh Satnami @ Hriday Santal – Appellant
Versus
The State of Tripura – Respondent
| Table of Content |
|---|
| 1. conviction based on prosecution's account of events. (Para 2 , 3 , 4) |
| 2. appellant's defense highlighting inconsistencies and lack of evidence. (Para 8 , 9 , 10 , 11) |
| 3. court's analysis of contradictions and evidence impacts credibility. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. prosecution failed to meet burden of proof. (Para 24) |
| 5. conclusion, appeal allowed and conviction set aside. (Para 25 , 26) |
JUDGMENT :
T. Amarnath Goud, J.
Heard learned counsel for the parties.
[2] This is an appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 17.02.2022 passed by the Ld. Special Judge, (POCSO), West Tripura, Agartala, in connection with Case No. Special (POCSO) 14 of 2019 convicting the appellant to suffer rigorous imprisonment (R.I) for a period of 20(Twenty) years and to pay a fine of Rs.2,000 (Rupees Two Thousand) only in default to suffer R.I for 1 (one) months for the commission of the offence punishable under Section 4(2) of the POCSO Act.
[3] Briefly, the factual matrix as far the version of the prosecution is that, on 19-10-2018, at about 1900 hours, the FIR named accused person Sri
The prosecution must prove its case beyond reasonable doubt; significant inconsistencies in witness testimonies led the court to find in favor of the accused.
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.
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
Conviction under POCSO Act confirmed based on credible testimonies and medical evidence, demonstrating guilt despite challenges to the prosecution's credibility.
The credibility of the victim's testimony and the lack of requirement for corroboration in certain cases were the central legal points established in the judgment.
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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