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IN THE HIGH COURT OF TRIPURA AT AGARTALA
S.DATTA PURKAYASTHA
Sanjit Debbarma (Laskar) S/o Late Khitish Debbarma – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details (Para 1 , 2 , 3 , 4) |
| 2. arguments from both defense and prosecution (Para 5 , 6) |
| 3. inconsistencies and evidentiary issues (Para 7 , 8 , 9 , 10) |
| 4. erroneous finding by special judge (Para 11) |
| 5. judgment and order to release appellant (Para 12) |
JUDGMENT :
S. DATTA PURKAYASTHA, J.
1. The appeal arises from the judgment and sentence dated 10.02.2020 passed by the Special Judge (POCSO), Sepahijala, Bishalgarh in case no. Special (POCSO) 09 of 2016 whereby the appellant was convicted and sentenced under Sections 342 , 354, IPC and also under Section 10 of POCSO Act and was sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs.5,000/- and in default of payment of fine to suffer further imprisonment for 3[three] months both under Section 10 of POCSO Act and under Section 354 , IPC and was also sentenced to suffer imprisonment for 1[one] year and to pay a fine of Rs.500/- under Section 342 of the IPC and in default of payment of fine to suffer further imprisonment for 15 days.
All the sentences were directed to run concurrently.
2. The investigation was carried out on the basis of an FIR submitted by the mother of the vict
Conviction under the POCSO Act requires consistent testimony and corroborative evidence; discrepancies in witness accounts can undermine the prosecution's case.
The credibility of a victim's testimony, the nature of the offense under POCSO Act, and the lack of injury in a medical examination do not necessarily affect the establishment of guilt.
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.
The main legal point established in the judgment is the reliance on consistent evidence and medical reports to prove the offense of sexual assault, while disbelieving the appellant's defense.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
Crime against women and Children - Modesty - Conviction confirmed - It is well settled that in a case of rape, finding of guilt can be recorded even on basis of uncorroborated testimony of prosecutri....
The credibility of victim testimony can sustain conviction in sexual assault cases, and an accused must prove age under POCSO to avoid liability.
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