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SUSMITA PHUKAN KHAUND
Nakul Boro, S/o. Lt. Kharga Boro – Appellant
Versus
State of Assam, Rep. by PP, Assam – Respondent
JUDGMENT :
1. Heard Ms. M. Barman, learned Amicus Curiae for the appellant and Mr. B. Sarma, learned Addl. P.P. for the State of Assam.
2. This is a jail appeal against the judgment & order dated 27.02.2020 passed by the learned Special Judge, Kamrup, Rangia in Special (P) Case No. 18/2018 convicting the appellant under Section 6 of Protection of Children from Sexual Offences Act (POCSO Act for short) and sentencing him to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.5,000/- with default stipulation.
3. The genesis of the case was that Nakul Boro (hereinafter referred to as the accused) committed penetrative sexual assault of a 7 year old victim in the absence of her parents on 02.05.2018 at about 4:15 PM. The FIR was lodged by the complainant ‘Y’ which was registered as Changsari P.S. Case No. 133/2018 and the Investigating Officer (IO in short) embarked upon the investigation. Charge-sheet was laid against the accused under Section 4 of the POCSO Act. At the commencement of trial, a formal charge was framed under Section 4 of the POCSO Act and the particulars of offence was read over and explained to him. The accused adjured his guilt and claimed to be tried.
4.
Section 3 of POCSO Act describes penetrative sexual assault.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
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....
Conviction under POCSO Act affirmed based on credible victim testimony despite delay in FIR filing; the defense of impotence was rejected as unsupported.
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
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