Subhankar Sarkar v. State of West Bengal
Calcutta High CourtMANU/WB/0208/2015Bench: J. Joymalya Bagchi, J. Subrata Talukdar
The Calcutta High Court held that scratch marks on the victim's body, when considered alongside the victim's consistent testimony and the surrounding circumstances, are sufficient corroborating evidence to sustain convictions under Sections 8 and 12 POCSO. For Section 7 (sexual assault by touch/gesture), penetration is not required — proof of any act of sexual touching accompanied by sexual intent is sufficient. The scratch marks corroborated the act of physical contact during the assault. The conviction was upheld.