Consistent Testimony of a Minor Victim is 'Sterling Quality' Evidence Sufficient for POCSO Conviction: Gauhati High Court - 2025-10-12

Gauhati High Court Upholds Stepfather's Conviction, Citing Minor's Consistent and 'Sterling' Testimony as Sufficient Proof

Aizawl, Mizoram – The Gauhati High Court has dismissed an appeal filed by a man convicted of sexually assaulting his 8-year-old stepdaughter, reinforcing the legal principle that the consistent and credible testimony of a child victim is sufficient for a conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The bench, presided over by Hon'ble Mr. Justice Kaushik Goswami , upheld the trial court's decision, which had sentenced the appellant, Sh. Vanlaltluanga, to five years of simple imprisonment under Section 10 of the POCSO Act.

Case Background

The case originated from an FIR lodged on August 16, 2017, by the victim's mother. She alleged that her husband, the appellant, had sexually assaulted her daughter on numerous occasions since 2016. The investigation led to a charge sheet being filed under Section 6 of the POCSO Act for aggravated penetrative sexual assault.

However, the Special Judge (POCSO), Aizawl, after trial, found that the evidence did not establish penetrative assault. Instead, the court convicted the appellant for the lesser offence of aggravated sexual assault under Section 10 of the Act, based on the child's testimony that he had touched her thigh with sexual intent. The appellant was sentenced to five years in prison and a fine of Rs. 5,000. This conviction was challenged before the Gauhati High Court.

Arguments in the High Court

Appellant's Contention: The counsel for the appellant, Mr. F. Lalengliana, argued that the conviction was flawed as it relied solely on the victim's testimony. He contended that her statement in court regarding the appellant touching her thigh was inconsistent with her initial statements to the police and the Magistrate, and thus, her evidence could not be considered "wholly trustworthy and of sterling quality."

Respondent's Defence: The Public Prosecutor, Mrs. Linda L. Fambawl, countered that the victim's deposition clearly established the ingredients of sexual assault under the POCSO Act. Mr. C. Tlanthianghlima, the Legal Aid Counsel for the victim, further submitted that the child had been consistent in her account of the sexual touching from the outset and that her testimony had withstood cross-examination, making it a reliable basis for conviction.

High Court's Analysis and Legal Precedents

Justice Goswami conducted a thorough re-appreciation of the evidence, emphasizing the court's duty to approach the testimony of a child victim with utmost care. The Court relied on a series of Supreme Court judgments, including Ganesan Vs. State and Suryanarayana Vs. State of Karnataka , which establish that a conviction can be based on the sole, uncorroborated testimony of a prosecutrix if it inspires confidence and is of "sterling quality."

The judgment highlighted key principles from these precedents:

"The test is to take the testimony of the victim in the context of the facts of each case and to ascertain whether her testimony can be said to be trustworthy, reliable, credible and is of sterling quality."

The Court meticulously examined the victim's statements at various stages: - Statement to the Investigating Officer (u/s 161 Cr.PC): The victim stated, "he used to caress my arms, my thighs, he even used to touch my vagina." - Statement to the Magistrate (u/s 164 Cr.PC): She disclosed that the appellant "occasionally started touching me." - Deposition in Court: The victim provided a specific account of the final incident: "He touched me on my right thigh by inserting his hands into my pants."

The High Court found a clear thread of consistency running through these statements. It noted:

"Thus, it is apparent that the victim has repeatedly disclosed right from the beginning till the end that the accused/appellant has touched her thigh with sexual intent."

The court also found corroboration in the testimony of the victim's mother (PW-1), who witnessed the appellant getting onto a chair with the victim and sharing a blanket, prompting her to shout at him. This, coupled with the victim's consistent narrative, led the Court to conclude that her testimony was credible and trustworthy.

Final Decision

Finding no infirmity in the trial court's reasoning or conviction, the Gauhati High Court dismissed the criminal appeal. The judgment affirmed that the evidence on record, particularly the unwavering testimony of the child victim, was sufficient to establish the offence of aggravated sexual assault under Section 10 of the POCSO Act.

The Court's decision underscores the judiciary's sensitive and careful approach in POCSO cases, prioritizing the credibility of a child's account while ensuring that legal standards of proof are met.