The court affirmed the trial court's decision, dismissing appeals and validating the Test Identification Parade conducted during the investigation.
The Calcutta High Court has upheld the conviction of three individuals under the Protection of Children from Sexual Offences (POCSO) Act, 2012, affirming a life sentence for two of the appellants and a ten-year sentence for the third. The Division Bench, comprising Justices Debangsu Basak and MD. Shabbar Rashidi, delivered the judgment on March 12, 2026, dismissing appeals filed by Balak Ram Yadav, Pankaj Kumar, and Manjrish @ Monjrish Tripathi against their conviction and sentencing by the Special POCSO Court in Howrah.
The case, originating from a 2015 incident aboard the Howrah-Amritsar Express, involved the sexual assault of a minor girl. The victim, a class IX student, was forcibly intoxicated and sexually assaulted by the appellants, who were traveling in the military compartment of the train. The victim identified the perpetrators during a Test Identification Parade (TIP), which the court found to have been conducted fairly, dismissing objections raised by the defense regarding its validity.
The prosecution's case was bolstered by the victim's testimony, medical evidence confirming signs of rape and injury, and the testimonies of the parents and police officers involved. The court noted that the evidence presented established the guilt of the appellants beyond a reasonable doubt, with the chain of circumstances persuasively proving the prosecution's case.
The defense argued that the trial court's judgment was flawed due to improper appreciation of evidence and raised concerns about the integrity of the TIP, alleging the victim had seen the appellants prior to the parade. However, the court dismissed these objections, noting the absence of any evidence supporting such claims.
Additionally, the court addressed procedural aspects, including the examination of appellants under Section 313 of the Criminal Procedure Code, where they pleaded innocence and opted not to present any defense evidence. The court also noted that the period of detention already undergone by the appellants would be set off against their sentence in accordance with Section 428 of the Criminal Procedure Code.
The judgment reinforces the judicial commitment to upholding the provisions of the POCSO Act, ensuring justice for victims of sexual offenses. This decision sends a strong message about the seriousness with which the judiciary views crimes against minors and the rigorous standards of evidence and procedure required to uphold convictions in such cases.
Bottom Line:
Conviction under Protection of Children from Sexual Offences Act, 2012 upheld. Test Identification Parade conducted fairly, and no merit in objections raised by the appellants regarding its validity. Appellants sentenced to life imprisonment and rigorous imprisonment with fines.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Section 6/17, Criminal Procedure Code, 1973 Sections 313, 428, Indian Evidence Act, 1872
Pankaj Kumar v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2864932
