Excerpt
The Calcutta High Court on 5th March 2021 dismissed the appeal against a judgement passed by the learned Judge, Special (POCSO Act), by convicting the Appellant-Accused of sexual assault against a minor girl and sentencing him to suffer rigorous imprisonment for two years with a fine.
Facts
It was alleged by the victim’s father that on 1.5.2016 his minor daughter (12 years) under a mango tree beside a river was drinking water while returning from tuition when the Appellant sexually harassed her and fled away when she started crying. Thereafter, the victim’s father had lodged an F.I.R. on 02.05.2016, under sec. 354A of the Penal Code and sec. 8 of the POCSO Act, against the Appellant. The Appellant pleaded innocence but the Court found him guilty and thereby convicted and sentenced him to suffer rigorous imprisonment for two years with a fine.
According to the report of the Superintendent, Midnapore Central Correctional Home, it was stated that if the fine was paid, the Appellant would serve out the sentence on 07.03.2021 and if not then, on 07.03.2023. Thereby, learned counsel for the Appellant submitted that the appellant would like to pay the fine thereto.
Petitioner’s Arguments
The Petitioner contended that since there was no independent witness for any corroboration and the medical report didn’t support any case of sexual assault or molestation, it would be unjust to rely on the sole testimony of the victim girl.
Respondent’s Arguments
The Respondent argued that the prosecution has been able to prove its case beyond reasonable doubt as to the victim girl, herself corroborated her statement made before the learned Magistrate. Moreover, the victim immediately after the incident reported the facts to her parents. It was submitted that the history of sexual assault against the victim, was being reported to the medical staff though no injuries were sustained by the victim.
Court’s Observations
The Hon’ble Justice Jay Sengupta observed that the de facto version of the complaint was fully supported by the victim herself. Therefore, the Court held to find no reason to disbelieve the testimony of the victim of the incident and thereby reaffirmed the conviction of the Appellant.
Judgement
The Hon’ble Court dismissed the instant appeal and upheld the impugned judgment and order of conviction and sentence against the Appellant.
Click here to view the Judgement.
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