Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Tri) 165

HIGH COURT OF TRIPURA
T. Amarnath Goud, S. Datta Purkayastha, JJ
Shri. Nripendra Ghosh @ Moni – Appellant
Versus
The State of Tripura – Respondent
Crl.A(J) 42 / 2025

Advocates:
For the Appellants/Petitioners: Ayesha Saha Hirwat
For the Respondents: R. Datta

The testimony of a child witness, when found credible, natural, and corroborated by independent medical findings, is sufficient for conviction in cases of sexual assault. The presumption under special legislative acts operates once foundational facts are established, provided no perversity is shown in the trial court's findings.

Headnote:(A) Protection of Children from Sexual Offences Act, 2012 - Sections 4 and 29 - Indian Penal Code, 1860 - Sections 323 and 376AB - Sexual assault against minor - Conviction - Presumption of guilt under Section 29 - Whether presumption is absolute - Foundational facts must be established by prosecution for presumption to operate - Child witness testimony - Requirement of close scrutiny for reliability - Sufficiency of sole testimony when supported by medical findings. (Paras 11, 16, 17, 27)

(B) Appeal - Scope and ambit - Appellate court restricted to determining whether lower court findings are perverse, illegal, or infirm - Power of re-appraisal of evidence - Interference not warranted simply because alternate views exist. (Paras 27)

Facts of the case:
A minor was allegedly lured into a residential property and subjected to sexual assault by the accused. The victim reported the incident promptly to her mother. Medical examinations noted genital injuries consistent with the history provided. The trial court convicted the accused based on the victim's testimony, corroborating witness accounts, and forensic findings. The accused challenged the conviction, citing inconsistencies in testimony, lack of independent witnesses, and existence of family land disputes as motives for false accusation.

Findings of Court:
The court found the victim's testimony cogent, natural, and consistent on material particulars. Medical evidence documenting genital damage corroborated the victim's account of the assault. The arguments regarding tutoring and property disputes were unsupported by concrete evidence. The findings regarding the accused's presence at the scene, provided by a child witness, rendered the prosecution's case reliable beyond reasonable doubt.

Issues: 1. Whether the sole testimony of a child victim can sustain a conviction when supported by medical evidence. 2. Whether the presumption of guilt under the special statute was correctly applied upon existence of foundational facts. 3. Whether alleged land disputes and claims of tutoring undermine the credibility of the victim's testimony.

Ratio Decidendi: Testimony from a child witness is not inherently unreliable and may support a conviction if scrutinised and confirmed as credible. Once the prosecution establishes foundational facts through witness accounts and medical corroboration, the presumption of guilt is appropriately triggered. Absent evidence of perversity or illegality in the trial court's appreciation of facts, an appellate court will not interfere with the conviction.

Result: Appeal dismissed; judgment of conviction and order of sentence affirmed.

JUDGMENT & ORDER (ORAL)

Dr. T. Amarnath Goud, J

1. This present appeal has been filed against the judgment and order of conviction and sentence dated 24.04.2024, passed by the learned Special Judge (POCSO), North Tripura, Dharmanagar, in case no. Special (POCSO) 07 of 2022, convicting the appellant for commission of offence punishable under Section 376AB and 323 of IPC and also under Section 4 of POCSO Act, to suffer rigorous imprisonment for 20(twenty years) along with a fine of Rs. 20,000/- (twenty thousand) under Section 376AB of IPC and in default of payment to suffer imprisonment for a further period of 6(six) months. To suffer rigorous imprisonment for 3 months along with fine of Rs.500/- (five hundred) under section 323 of the IPC and in default of payment of fine to suffer imprisonment for a further period of 15(fifteen) days. To suffer rigorous imprisonment for 20(twenty) years along with fine of Rs. 20,000/-(twenty thousand) under section 4 of the POCSO Act and in default of payment of fine to suffer imprisonment for a further period of 6 months and the sentences shall run concurrently.

2. The brief fact of this case is that on 08-02-2022 at about 2000 hours the informant Mira Rani Nath was busy in cooking in the house of her brother-in-law Sanjib Nath at North Ganganagar under Dharmanagar PS. During that time her daughter aged 10 years was playing with her younger sister in the courtyard of the house. The informant after sometime noticed that the victim is not present in the courtyard. The informant started calling the victim and the victim came to the courtyard after sometime and stated that accused-Nripendra Ghosh who is from the neighbourhood called her in the house of Dilip Nath on the pretext of giving kurkure and also to klick some selfie pictures and she went along with the accused in the house of Dilip Nath and there the accused took her inside the bathroom and forcibly open her panty and pushed his finger inside her vagina and as a result she sustained bleeding injuries in her vagina.

3. The informant lodged an ejahar on 09-02-2022 in the early morning with Dharmanagar woman PS regarding the incident and based on it Dharmanagar woman PS case No.04 of 2022 was registered under section 323 & 376AB of the IPC and under section 4 of the POCSO Act and SI Rita Debnath was endorsed to do the investigation.

4. The I.O. on completion of investigation submitted charge-sheet against the accused under section 323 and 376AB of the IPC and under section 4 of the POCSO Act.

5. The charge-sheet was filed before this Court and cognizance of offence was taken and during the proceeding the accused was summoned and prosecution papers were supplied to him.

6. Thereafter both sides were heard and on finding prima facie evidence under section 323/376 AB of IPC and Section 4 of the POCSO Act, a formal charge was framed against the accused under the said provision and the same was read over and explained to him to which he pleaded not guilty and claimed to be tried.

7. The prosecution to bring home the aforesaid charges adduced as many as 13(thirteen) witnesses. After closure of the prosecution evidence the accused was examined under Section 313 of Cr.P.C wherein he stated that the prosecution case is false and submitted to adduce himself along with Sri Pradyut Sarma and Sri Amarjit Singha as witnesses from his side. Accordingly, the accused adduced himself along with the aforesaid two witnesses from his side.

8. After closure of the evidence and after hearing arguments of both sides, learned Special Judge (POCSO), North Tripura, Dharmanagar passed the impugned judgment of conviction and sentence dated 24.04.2024 sentencing the convict appellant as mentioned above.

9. Being aggrieved by and dissatisfied with the impugned Judgment and Order of conviction and sentence dated 24.04.2024, the convict appellant preferred this instant appeal seeking to set aside/quash the impugned Judgment and order of conv

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2026 Supreme(Online)(Tri) 165

HIGH COURT OF TRIPURAT. Amarnath Goud, S. Datta Purkayastha, JJShri. Nripendra Ghosh @ Moni – AppellantVersusThe State of Tripura – RespondentCrl.A(J) 42 / 2025

Cases Referred (4)

HIGH COURT OF TRIPURA
T. Amarnath Goud, S. Datta Purkayastha, JJ
Shri. Nripendra Ghosh @ Moni – Appellant
Versus
The State of Tripura – Respondent
Crl.A(J) 42 / 2025