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MICHAEL ZOTHANKHUMA, MARLI VANKUNG
Daoma Boro Baksa, Assam – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
M.Zothankhuma, J
Heard Ms. B. Sarma, the learned Amicus Curiae and Ms. S. Jahan, the learned Additional P.P., Assam.
2. This appeal has been filed against the impugned judgment dated 23.09.2021 passed by the learned Special Judge, (POCSO), Baska, Mushalpur in Special (POCSO) Case No. 2/2020, by which the appellant has been convicted under Section 4(2) of the POCSO Act, 2012 and sentenced to suffer a rigorous imprisonment for a period of 20 years and to pay a fine of Rs. 50,000/-, in default to suffer simple imprisonment for 8 months.
3. The prosecution case, in brief, is that an FIR dated 22.10.2019 was submitted by Prosecution Witness-1 (PW-1), who is the father of the victim girl. The FIR states that at around 2 PM on 21.10.2019, the appellant had taken the minor daughter (6 years) of PW-1 to his farm and raped her. PW-1 also states that his daughter informed him of the same on returning home. In pursuance to the FIR, Tamulpur U.D.S. P.S. Case No. 499/2019 under Section 376 IPC read with Section 4 of the POCSO Act was registered. After completion of the investigation, the Investigating Officer (PW-5) submitted a chargesheet, on finding a prima facie case under Section 376
The credibility of the victim's testimony and the lack of requirement for corroboration in certain cases were the central legal points established in the judgment.
In sexual assault cases, conviction may rely on the victim’s sole testimony, but credibility and corroboration are essential, especially in light of discrepancies.
Point of Law : Medical examination report of the victim's girl shows that there was a recent tearing of her hymen, coupled with the testimony of the victim that she was raped by the appellant.
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
The court upheld the conviction for aggravated penetrative sexual assault based on the victim's credible testimony, emphasizing that minor discrepancies do not undermine the overall reliability of he....
The testimony of a minor victim can be sufficient for conviction under the POCSO Act if it is credible, regardless of the victim's prior sexual history.
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