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IN THE HIGH COURT OF TRIPURA AT AGARTALA
T.AMARNATH GOUD, BISWAJIT PALIT
Kurona Chakraborty W/o Shri Shyamal Chakraborty – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. factual background of the case established. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. observations on prosecution's failure to establish guilt. (Para 12 , 24) |
| 3. arguments highlighting prosecution's weaknesses. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. appellate court found no grounds for conviction. (Para 23 , 28) |
JUDGMENT :
T. AMARNATH GOUD, J.
1. Heard Mr. D.J. Saha, learned counsel appearing for the appellant also heard Mr. Raju Datta, learned Public Prosecutor appearing for the respondent-State.
2. The present appeal is directed against the judgment and order of conviction and sentence dated 17.10.2023 passed by the learned Special Judge (POCSO), Additional District and Sessions Judge, Court No.3, Agartala, West Tripura in connection with case No. Special (POCSO) 12 of 2022, whereby and whereunder the appellant convicted and sentenced to suffer rigorous imprisonment for 20 years along with fine of Rs.20,000/- under Section-4 (2) of the POCSO Act and in default of payment of fine to suffer simple imprisonment for a further period of four months.
3. The factual background of the prosecution case is that the informant-mother lodged a written complaint on 04.12.202
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The prosecution must establish the victim's age and provide corroborative evidence in cases involving allegations under the POCSO Act; a conviction cannot be based solely on the uncorroborated testim....
The need for strong, compelling, and reliable evidence to prove the guilt of the accused in a criminal case, and the distinction between the trial of Sessions case and the trial held before the Judic....
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
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