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S. VAIDYANATHAN, W. DIENGDOH
Andrew Rani – Appellant
Versus
State of Meghalaya represented by the Commissioner & Secretary – Respondent
JUDGMENT
S. Vaidyanathan, CJ.—This Criminal Appeal is directed against the judgment dated 27.04.2022 and the order of sentence dated 29.04.2022, passed by the Special Judge (POCSO), East Khasi Hills District, Shillong in Special (POCSO) Case No.10/2013 and the accused/Appellant herein was convicted by the Trial Court for the offence under Section 376(2) IPC and sentenced to undergo rigorous imprisonment for twenty five years and to pay a fine of Rs.1,00,000/-, in default to undergo one year imprisonment. The total fine amount awarded as compensation was directed to be paid to the victim girl.
Brief Prosecution Case:
2. An FIR was given by the mother (P.W.1) of the victim girl (P.W.2) on 07.12.2012 before the Officer-in-Charge, Pasture Beat House, Polo, East Khasi Hills District, Shillong, stating that her daughter aged 4 years was raped on 05.12.2012 by one Arup Baruaa, a Juvanile. On receipt of the FIR, the Officer-in-charge of Sadar Police Station registered a case vide Sadar P.S. Case No.217 (12)12 under Section 376(2)(f) IPC. Subsequently, the victim girl (P.W.2) was sent for medical examination and during interaction with the victim girl by her aunt, it was disclosed by her th
An act, which is legal at the time of commission cannot be made illegal by way of introduction of new enactment.
Retrospective application of amended laws increasing penalties violates constitutional protections; original sentence modified to align with laws in effect at the time of the offence.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The testimony of a victim of sexual assault is credible and can support conviction without corroboration, but the prosecution must prove the accused's knowledge of the victim's caste for SC/ST Act ch....
The court affirmed that intoxication negates consent in cases of sexual assault against minors, emphasizing the importance of corroborative evidence in establishing the accused's guilt.
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, despite procedural lapses in witness examination.
Conviction for rape can be upheld solely on victim's testimony if credible; minor's status under POCSO necessitates stringent punishment.
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