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MARLI VANKUNG
Lalchhanhlua, S/o Sangzika (L) – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Heard Mr. B. Lalramenga, learned counsel for the appellant and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the State respondent.
2. This is an appeal against the impugned Judgment & Order dated 07.09.2020 passed by the Special Court, POCSO Act, Aizawl in SC No.233 of 2015 arising out of Bawngkawn PS Case No.232/2015 by which the appellant was convicted under Section 4 of POCSO Act and sentenced to undergo 7 (seven) years Simple Imprisonment with a fine of Rs.5000/-in default SI 1 (one) month vide its Order dated 06.10.2022.
3. Brief facts of the case is that a written FIR was received at the P.S Bawngkawn on 22.09.2015 from one R. Lalbeiseia/complainant stating that his daughter ‘X’ age 12 years had been sexually assaulted by the accused/appellant on the World Bank road where he had taken her by his Car. The girl was subsequently found by her parents at Ramhlun Vengthar. The case was registered as Case No.232/2015 dated 22.09.2015 under section 4 of POCSO Act and investigated into.
4. During investigation the informant and the alleged victim ‘X’ were examined. The pretrial statement of ‘X’ was taken on 28.09.2014 by the CJM, her birth certificate was seized wh
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 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.
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
The main legal point established in the judgment is the significance of the reliability of the victim's testimony, the delay in filing the FIR, and the court's power to recall and re-examine witnesse....
The prosecution evidence must prove the charge beyond reasonable doubt, and the unreliability of the victim's testimony requires corroboration from independent evidence in cases of sexual offences.
Sexual assault on girl child – If evidence of witness is cogent, consistent and unwavering she qualifies as a sterling witness upon whose evidence conviction of perpetrator can be based.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
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