The Calcutta High Court has upheld the conviction and sentences awarded to three men in a case involving the sexual assault of a minor girl on a running train in 2015. A Division Bench ruled that the trial court had properly assessed the evidence and found no reason to interfere with the conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The court dismissed three criminal appeals filed by the accused, confirming the life imprisonment awarded to two of them and the ten-year rigorous imprisonment given to the third.
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Background of the Case
The case dates back to December 27, 2015, when a Class IX student boarded the Howrah–Amritsar Express from Howrah station while travelling alone. Due to crowding in other compartments, she entered a compartment reserved for military personnel.
According to the prosecution, three men present in the compartment began talking to the girl shortly after the train departed. The victim later told investigators that the men forced her to drink alcohol and subsequently sexually assaulted her inside the train’s washroom.
Police recovered the girl in a semi-conscious state from the train when it stopped at Madhupur railway station following information from Child Line authorities. One of the accused was apprehended from the same compartment, while the other two were later arrested after investigation.
The victim was medically examined, and a medical board found evidence indicating sexual assault. Her age was assessed to be between 14 and 15 years, bringing the case within the scope of the POCSO Act.
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The Special POCSO Court in Howrah convicted the accused in February 2023.
Two of the accused, Pankaj Kumar and Balak Ram Yadav, were found guilty under Section 6 of the POCSO Act and sentenced to life imprisonment with a fine of ₹1 lakh each.
The third accused, Manjrish alias Monjrish Tripathi, was convicted under Sections 6/17 of the POCSO Act and sentenced to 10 years of rigorous imprisonment along with a ₹50,000 fine.
Challenging the conviction, the accused approached the High Court arguing that the evidence was unreliable and that the trial court had failed to properly examine inconsistencies in the prosecution’s case.
The defence argued that the prosecution failed to clearly establish the involvement of two of the accused. According to the appellants, the victim initially identified only one person during the Test Identification Parade (TIP) and the later identification of the others was doubtful.
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It was also argued that the victim had seen the accused at the police station before the identification parade, which allegedly affected the reliability of the identification process.
The prosecution, however, maintained that the evidence formed a complete chain pointing to the guilt of the accused. It relied on the victim’s testimony, medical evidence, and identification during the TIP to support the conviction.
The Division Bench examined the testimony of the victim, medical evidence, and the circumstances of the investigation.
The court noted that the victim’s account remained consistent and was supported by medical findings indicating sexual assault and injuries. Medical examination also detected seminal fluid and spermatozoa, confirming the occurrence of forced sexual intercourse.
The judges also observed that the victim had clearly identified the accused during the Test Identification Parade conducted in jail. The court found no evidence that the identification process had been compromised.
Addressing the defence’s reliance on a Supreme Court ruling regarding identification parades, the bench stated:
“No such allegation was ever made by the appellants prior to or during the Test Identification Parade or even during the trial.”
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Because of this, the court held that the precedent cited by the defence did not apply to the facts of the present case.
After reviewing the evidence and arguments, the High Court concluded that the trial court had correctly evaluated the material on record.
The bench observed that the prosecution successfully established the sequence of events through the victim’s testimony, medical reports, and investigation findings.
The court stated that it found “no reason to interfere with the impugned judgment of conviction and order of sentence.”
Accordingly, the High Court dismissed the appeals filed by the three convicts and affirmed the trial court’s judgment and sentences.
Case Title: Pankaj Kumar vs State of West Bengal & Anr. (Connected Appeals)
Case No.: CRA (DB) 156 of 2023; CRA (DB) 136 of 2023; CRA (DB) 62 of 2023
Decision Date: 12 March 2026
