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MARLI VANKUNG
V. L. Rengchhawna, S/o Vungzathanga – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Heard Ms. Ruthi Vanlalhruaii, learned counsel appearing for the appellant as well as Mrs. Linda L. Fambawl, learned Additional Public Prosecutor, Mizoram.
2. The appellant has challenged the impugned Judgment & Order dated 23.02.2021 passed by the Special Court, POCSO Act, Aizawl, Mizoram in S.C. No. 19 of 2017 arising out of Kulikawn P.S. Case No. 140 of 2016 dated 20.10.2016by which the appellant is convicted under section 8 of POCSO Act, 2012 and against the impugned Order dated 09.03.2021and sentenced to undergo 3 (three) years of simple imprisonment with a fine of Rs. 1000/- (rupees one thousand)only and in default of payment of the fine, another S.I. for 1 (one) month.
3. The prosecution story in brief is that on 20.10.2016, a written FIR was received from the Respondent No.2, stating that her granddaughter who was of 11 years was assaulted several times by the present appellant in 2016 and the respondent No.2 requested to take legal action in this respect. Hence, the Officer-in-Charge of Kulikawn, Police Station registered Kulikawn PS Case No.140/2016 dated 20.10.2016 U/s 8 of POCSO Act, 2012, and the matter was investigation into. The present appellant was arrested
Once the statement of prosecutrix inspires confidence and is accepted by the Court, conviction can be based only on the solitary evidence of the prosecutrix and no corroboration would be required, un....
The reliability of the testimony of a victim of sexual assault, particularly a minor, is vital, and minor inconsistencies in the evidence may not necessarily undermine the credibility of the testimon....
Rape of minor – Conviction upheld - there might be some minor inconsistencies but the same in my considered view are not enough to vitiate the case of the prosecution
The court upheld the conviction under the POCSO Act, emphasizing the victim's age and the reliability of her testimony despite minor inconsistencies.
Statements under Section 164 Cr.PC are not substantive evidence without corroboration; the accused is entitled to the benefit of doubt in the absence of reliable evidence.
Point of Law - No legal compulsion to look for any other evidence to corroborate the evidence of prosecutrix before recording an order of conviction.
Sexual assault on minor - Significant discrepancies found in the deposition – Benefit of doubt given.
The main legal point established in the judgment is the requirement for close scrutiny of evidence from child witnesses, the need for corroboration of their testimony, and the practical reasoning req....
The testimony of a victim in sexual assault cases must be consistent and reliable; significant inconsistencies and lack of corroborative evidence can lead to an acquittal.
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