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GAUHATI HIGH COURT
Mr. A. S. Deka, J
Uday Bakali v. State of Assam
| Table of Content |
|---|
| 1. appeal against conviction for sexual assault on minor. (Para 2 , 3) |
| 2. arguments on delay of fir and evidentiary issues. (Para 8 , 9) |
| 3. credibility of victim's testimony and legal precedent. (Para 12 , 13 , 14) |
| 4. court reliance on victim's testimony and rebuttal defending. (Para 39 , 40 , 41) |
| 5. dismissal of appeal, affirming trial court's conviction. (Para 53 , 54) |
1. Heard Mr. K. Bhuyan, learned counsel for the appellant. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam.
2. By the present appeal, the appellant challenges the impugned Judgment dated 30.10. 2019, passed by the learned Special Judge, POCSO, Barpeta, in Special POCSO Case No. 90/2018, convicting the accused appellant for the offence punishable under S.4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, in brevity, 'POCSO Act, 2012') and sentenced him to undergo Rigorous Imprisonment for 10 (ten) years and also to pay a fine of Rs. 5,000/-, in default, Simple Imprisonment for one year.
3. The brief facts of the case is that one Smt Bhagya Paul lodged an FIR before the Officer - In - Charge, Tarabari Police Station, on 01.01.2019, stating
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