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KARDAK ETE, BUDI HABUNG
Hok Hana Chakma (Convict) – Appellant
Versus
State of Arunachal Pradesh to be represented by Public Prosecutor – Respondent
JUDGMENT :
Budi Habung, J.
Heard Ms. S. V. Darang, learned Amicus Curiae appearing for the appellant. Also heard L. Hage, learned Additional Public Prosecutor for the State of Arunachal Pradesh and N. Danggen, learned Legal Aid Counsel representing the respondent No. 2 (victim).
2. This Criminal Jail Appeal is preferred by the appellant/convict, namely, Shri Hok Hana Chakma, against the judgment and order dated 31.05.2021 passed by the learned Special Judge (POCSO), Tirap, Changlang & Longding at Khonsa, Arunachal Pradesh, in Khonsa Special (POCSO) case No. 32/2020 arising out of Diyun P.S. Case No. 19/2020 under Section 376/366 IPC r/w Section 6 of POCSO Act, whereby, the appellant has been convicted and sentenced to undergo 20(twenty) years rigorous imprisonment with default clause for offence under Section 6 of POCSO Act; and 10(ten) years rigorous imprisonment with default clause for offence of kidnapping or inducing woman to compel her marry under Section 366 IPC.
FACTS OF THE CASE
3. The brief fact of the case leading to the filling of this appeal is that on 28.06.2020, the father of the victim, PW-1 lodged an FIR before the O/C, P.S, Diyun alleging therein that his minor daughter
Point of Law : Taking into consideration of these aspects on evidence and in absence of any documentary evidence, it can safely be said that on the date of alleged occurrence, the victim girl (PW-2) ....
Rape – Consent of minor has no legal sanctity.
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
The conviction of a minor for kidnapping and repetitive rape is upheld when credible evidence establishes the victim's minority and the accused's actions contravene statutory provisions regarding chi....
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
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