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ROBIN PHUKAN
State of Mizoram – Appellant
Versus
R. Vanlaltura – Respondent
JUDGMENT :
Heard Ms. Linda L. Fambawl, learned Additional Public Prosecutor for the State of Mizoram (Appellant) and also heard Mr. Joesph Lalchhanhima Renthlei, learned Amicus Curiae.
2. This appeal is preferred under section 374 of the Code of Criminal Procedure by the State of Mizoram against the judgment and order, dated 28.11.2017, in SC. Case No.139 of 2016, Crl. Trial No. 1260 of 2016, under section 6 of the POCSO Act, passed by the learned Special Judge, POCSO Act, Aizawl District, Aizawl. It is to be mentioned here that vide impugned judgment and order the learned court below had convicted accused Sh. R. Vanlaltura, under section 8 of the POCSO Act and sentenced him to suffer rigorous imprisonment for a period of three years and also to pay a fine of Rs. 1000/ (Rupees one thousand) only, and in default to suffer simple imprisonment for a period of fifteen days.
3. It is to be noted here that the respondent could not able to engage one Advocate and as such Mr. Joesph Lalchhanhima Renthlei, learned Advocate, Gauhati High Court Bar Association, Aizawl Permanent Bench, has been appointed as Amicus Curiae, to assist the Court.
4. The factual background leading to filing of this app
The testimony of a minor victim in sexual assault cases is to be treated with utmost care, affirming that penetrative sexual assault is constituted even by the slightest degree of penetration.
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
Penetrative sexual assault – Child witness - though the victim was only 4 years old at the time of the incident, a child witness can also be a reliable witness. In the present case, the competency of....
The court ruled that insufficient evidence of penetration under Section 6 of the POCSO Act led to a conviction under Section 10 for aggravated sexual assault.
The central legal point established in the judgment is the requirement for the testimony of the prosecutrix to be reliable and of a sterling quality for a conviction under the POCSO Act. The judgment....
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The court established that while complete penetration is not necessary for a conviction of penetrative sexual assault, there must be sufficient evidence of acts constituting such assault as defined i....
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