Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

Evidence Untrustworthy and Unbelievable, Inconsistent Testimony Leads to Acquittal in POCSO Case: Calcutta High Court Upholds Trial Court’s Judgment

07 May 2024 8:19 AM

By: Admin


The High Court of Calcutta, in its recent judgment, has emphasized the fundamental principle of criminal jurisprudence – the presumption of innocence in favor of the accused unless proven guilty. Upholding the Trial Court’s decision, the High Court dismissed an appeal against the acquittal of the respondents in a case involving alleged sexual offences against a minor under Sections 363, 376 of the Indian Penal Code and Sections 4 and 10 of the POCSO Act. The High Court asserted the necessity of sufficient evidence for conviction and stressed the duty of the appellate court in reviewing trial court decisions.

The appeal challenged the Trial Court’s acquittal of respondents accused of kidnapping and sexually assaulting a minor. The prosecution’s case hinged on the testimony of the survivor and nineteen other witnesses, along with medical evidence and various documentary proofs. Key issues included the credibility of the survivor’s testimony, contradictions in evidence, the delay in filing the FIR, and the assessment of medical evidence.

Contradictions in Testimony and Evidence: The Court noted several inconsistencies in the prosecution’s evidence, including contradictions in the survivor’s (PW1) account and discrepancies regarding the location where her statement was recorded.

Medical Evidence: The medical evidence, including the testimony of the doctor (PW15), failed to conclusively indicate sexual assault, further weakening the prosecution’s case.

Delay in Filing FIR: The Court highlighted the 19-day delay in filing the FIR, finding the explanation of preserving ‘family prestige’ insufficient and unexplained.

Presumption of Innocence and Appellate Review: The Court reiterated the presumption of innocence and stated that the appellate court’s role is to assess if the Trial Court’s view is a possible and justifiable one.

Decision: The High Court found no illegality, perversity, or error in the Trial Court’s judgment and dismissed the appeal, upholding the acquittal of the respondents due to insufficient evidence.

Date of Decision: 9th April 2024

State Vs. Shri Subhankar Bhakta & Others,

Latest Legal News