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KAUSHIK GOSWAMI
State of Mizoram r/b The Secretary to the Government of Mizoram Home Department – Appellant
Versus
Lalramliana s/o Lalnghaka (L) – Respondent
| Table of Content |
|---|
| 1. introduction and case background summary. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding the credibility of the victim's testimony. (Para 20 , 21 , 22 , 23 , 24) |
| 3. court's reappraisal of evidence and witness reliability. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. discussion on the victim's disclosure process in sexual assault cases. (Para 35 , 36 , 37 , 38 , 39) |
| 5. clarification on the requirements of proving penetrative sexual assault. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48) |
| 6. court's conclusion on the incorrect trial processes and need for retrial. (Para 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60) |
| 7. final order and directives for retrial. (Para 61 , 62 , 63 , 64 , 65 , 66 , 67) |
JUDGMENT :
Heard Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram for appellant. Also heard Mr. B. Lalramenga, learned counsel for accused/respondent No. 1.
2. There is no representation on behalf of the respondent No. 2/ informant/victim, despite service of notice as evident from the affidavit of service filed by the appellant, a copy of which is furnished by Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor and kept in the
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 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 affirmed that a victim's testimony can suffice for conviction in sexual assault cases, emphasizing the heinous nature of the crime and the mandatory minimum sentence under the POCSO Act.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
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