Calcutta High Court Upholds Life Sentence in POCSO Case

Santosh Srivastava @ Manu Srivastava's Appeal Rejected; Conviction Under Section 6 of POCSO Act and Section 376 of IPC Upheld

In a landmark judgment, the Calcutta High Court has upheld the conviction of Santosh Srivastava, also known as Manu Srivastava, under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 376 of the Indian Penal Code (IPC). The Division Bench, comprising Justices Rajasekhar Mantha and Ajay Kumar Gupta, dismissed the appeal against the judgment and order of conviction dated March 14, 2018, passed by the Additional District and Sessions Judge, First Court at Sealdah.

The appellant was sentenced to life imprisonment for aggravated penetrative sexual assault on a minor and was ordered to pay a fine of Rs 2,00,000, with 90% of the amount directed as compensation to the victim. The conviction was primarily based on the credible testimony of the minor victim, corroborated by medical evidence and DNA reports. The court found the evidence of the victim consistent and unshaken during cross-examination.

The case came to light after a complaint was filed on March 16, 2017, by the minor victim, who was 15 years and 4 months old at the time. The victim had been in a relationship with the appellant, who exploited her trust and entered into sexual relations with her on the pretext of marriage. The victim's pregnancy led to the filing of the FIR, which resulted in the conviction of the appellant.

The High Court emphasized the importance of the presumption under Section 29 of the POCSO Act, which places the burden on the accused to disprove the foundational facts once established by the prosecution. The court highlighted that the delay in lodging the FIR was not detrimental to the prosecution's case, as the victim was a minor who relied on the appellant's promise of marriage.

The court also directed the State Legal Services Authority to supplement the compensation to the victim, ensuring additional financial support. The judgment underscored the significance of DNA evidence in corroborating the victim's testimony, enhancing the reliability of the prosecution's case.

This judgment serves as a stern reminder of the legal system's commitment to protecting the rights of minors and ensuring justice in cases of sexual offences against children.

Bottom Line:

Conviction under Section 6 of the POCSO Act and Section 376 of IPC upheld - Evidence of the minor victim found credible, supported by medical reports and DNA evidence - Delay in lodging FIR not fatal in sexual assault cases involving minors - Presumption under Section 29 of POCSO Act applied, and burden on the accused to disprove the foundational facts remains unmet.

Statutory provision(s): Section 6 of the POCSO Act, Section 376 of IPC, Section 357 of CrPC, Section 164 of CrPC, Section 313 of CrPC, Section 294 of CrPC, Section 34 of POCSO Act, Section 94 of the Juvenile Justice Act.

Santosh Srivastava @ Manu Srivastava v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc Id # 2820296