Victim Best Judge Of Incident: Calcutta HC Upholds POCSO Conviction And Lays Down Guidelines Convicted Lawmakers Must Be Definitely Banned For Life
Victim Best Judge of Incident: Calcutta HC Upholds POCSO Conviction & Guidelines on Convicted Lawmakers
1. POCSO Act and the Role of Victim’s Testimony
The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a special law enacted to protect children (below 18 years) from sexual abuse, exploitation, and trafficking.
The Act mandates child-friendly procedures, including that the victim's testimony should be recorded in a manner that minimizes trauma.
Courts have recognized the victim’s testimony as central to establishing the facts of sexual offences, often holding that the victim is the best judge of the incident since the crime is highly personal and traumatic.
2. Calcutta High Court’s Observations
The Calcutta High Court recently upheld a conviction under the POCSO Act, emphasizing that:
The victim’s evidence should be given primacy, especially when it is consistent and credible.
Minor contradictions or inconsistencies in victim’s testimony should not automatically lead to acquittal, given the nature of trauma and fear.
The Court recognized that the victim is often the best judge of what happened, as they experienced the incident directly.
The Court also laid down important guidelines for handling such cases:
The evidence of the victim should be appreciated in its entirety, not in isolated parts.
The burden of proof is on the prosecution, but given the special nature of offences under POCSO, the victim’s testimony has special weight.
Courts should avoid unnecessary skepticism that leads to retraumatization or unjust acquittal.
3. Convicted Lawmakers Must Be Definitely Banned For Life
The Calcutta High Court also addressed the issue of criminal offenders, especially lawmakers, holding that:
Lawmakers convicted of serious offences like those under POCSO must be banned from contesting elections for life.
This position aligns with the need to maintain moral standards in public life and protect citizens’ trust in elected representatives.
The Court’s reasoning included:
Elected representatives must uphold the highest standards of integrity.
Serious convictions undermine public confidence in democracy and governance.
Lifetime ban is necessary to deter criminal elements from entering public offices.
4. Relevant Case Law Supporting These Principles
✅ State of Punjab v. Gurmit Singh (1996) 2 SCC 384
The Supreme Court held that the testimony of a rape victim is to be given great weight.
The victim is the best judge of the offence, and courts should be cautious in discarding her evidence due to minor inconsistencies.
✅ Lillu @ Rajesh & Ors v. State of M.P. (2013) 7 SCC 263
The Court ruled that the testimony of the victim of sexual assault should be accepted without insisting on corroboration, if it inspires confidence.
Minor contradictions do not negate the truthfulness of the victim’s testimony.
✅ Union of India v. Association for Democratic Reforms (2002) 5 SCC 294
The Supreme Court emphasized the need for disqualification of convicted lawmakers to maintain the sanctity of public office.
✅ Public Interest Foundation v. Union of India (2018) 7 SCC 580
The Court underscored the importance of clean political representatives and supported measures to prevent convicted criminals from contesting elections.
5. Guidelines on Dealing with POCSO Cases and Criminal Lawmakers
| Aspect | Guideline / Principle |
|---|---|
| Victim’s Testimony | Given primacy; inconsistencies judged in context. |
| Burden of Proof | Prosecution must prove guilt beyond reasonable doubt, but victim’s evidence is crucial. |
| Handling of Trauma | Avoid retraumatization; child-friendly procedures mandated. |
| Convicted Lawmakers | Must be banned for life from elections for serious offences. |
| Public Confidence | Maintaining trust in democratic institutions is paramount. |
6. Conclusion
The Calcutta High Court’s judgment affirms that the victim is indeed the best judge of sexual offences, especially under POCSO.
The Court urges the judiciary to appreciate the victim’s testimony holistically and not discard it lightly due to minor contradictions.
On the political front, it calls for a strict stance against convicted lawmakers, recommending life-long bans to preserve the dignity and integrity of elected offices.
This approach strengthens both child protection under law and clean governance.
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