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IN THE HIGH COURT OF TRIPURA AT AGARTALA
ARINDAM LODH, S.D.PURKAYASTHA
Krishnadhan Sarkar S/o Late Manindra Sarkar – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. commencement of appeal and overview of conviction (Para 1 , 2) |
| 2. details of the crime and prosecution's case (Para 3 , 4 , 5 , 6) |
| 3. arguments of the appellant and the prosecution (Para 7 , 8) |
| 4. analysis of evidence and credibility concerns (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. final verdict and acquittal (Para 19) |
JUDGMENT :
ARINDAM LODH, J.
1. Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the appellant. Also heard Mr. S. Ghosh, learned PP appearing for the respondent-State.
2. The convict-appellant has preferred the instant appeal against the judgment of conviction and order of sentence dated 04.05.2023 passed by the learned Special Judge (POCSO), West Tripura, Agartala, in connection with case No. Special (POCSO) 25 of 2019 whereby and whereunder the appellant was convicted under Sections 376 AB/448/506 of the IPC and under Section 6 of the Protection of Children from Sexual Offences (for short ‘POCSO’) Act, 2012, and sentenced to suffer rigorous imprisonment for 20 (twenty) years and to pay a fine of Rs. 20,000/- for the offence punishable under Section 6 of the POCSO Act with default stipulation, and also to suffer rigorous imp
The prosecution must establish the guilt of the accused beyond reasonable doubt, relying on credible evidence; absence of physical corroboration led to acquittal.
The main legal point established is the application of the POCSO Act to convict the appellant for aggravated penetrative sexual assault on a minor, considering the victim's testimony, medical evidenc....
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The presumption of guilt in sexual offences under the POCSO Act requires foundational facts to be established by credible evidence, and doubts must favor the accused.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
Conviction under POCSO Act confirmed based on credible testimonies and medical evidence, demonstrating guilt despite challenges to the prosecution's credibility.
In sexual assault cases, the victim's testimony must be credible and corroborated by reliable evidence to support a conviction.
Witness unable to communicate verbally - Applicability of - Proviso of Section 119 of Evidence Act is applicable for witnesses, who cannot speak in language of court or otherwise able and can communi....
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
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