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MARLI VANKUNG
Lalmalsawma – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Heard Mr. Lalfakawma, learned Amicus Curiae along with Mrs. Linda L. Fambawl, learned Additional Public Prosecutor for the respondent.
[2.] This is a criminal appeal filed from jail against the judgment and order passed in Session Case No. 129/2014 by the learned Additional Sessions Judge, Aizawl Judicial District, wherein the appellant was convicted under 376 (2)(l) IPC and sentenced to undergo Rigorous Imprisonment for a period of 10 years and pay a fine of Rs. 1000/-, i.d. Simple Imprisonment for another 10 days.
[3.] Facts of the case in brief is that on 27.06.2014, a written FIR was received from Vanlaldiki, D/o Rochungnunga of Ratu Hall veng to the effect that on 27.06.2014 at around 2:30 PM, the accused had raped ‘X’ at C Hall, who was mentally handicapped. On receipt of the FIR, Darlawn PS Case No. 18/2014 dated 27.06.2014 under Section 376 (2)(f) IPC was registered and investigated into by S.I. C. Zonunmawia of Darlawn Police Station. During the course of investigation, the informant was examined. The P.O was visited and sketch map was drawn. The victim was forwarded to the Medical Officer, PHC Darlawn for medical examination, wherein the report of the medical exam
The victim's credible testimony can sustain a conviction in sexual assault cases even without corroborative medical evidence, acknowledging the victim's disability and the nature of consent.
In cases of sexual assault, the victim's testimony can be the sole basis for conviction, underscoring the absence of consent as pivotal in determining guilt.
In cases of sexual assault, the victim's testimony is paramount, and the mental state of the victim does not diminish the credibility of her account; corroboration is not a strict requirement if the ....
The judgment emphasizes the importance of the victim's reliable and confident statement, the significance of discrepancies, belated reporting, and lack of corroboration and support from family member....
Consent given by a mentally unsound person is invalid in law, and the delay in lodging an FIR in rape cases does not automatically undermine the prosecution's case if satisfactorily explained.
The court affirmed that a victim's testimony, especially from a minor, can suffice for conviction in sexual assault cases, even without medical corroboration.
The absence of medical evidence does not preclude conviction for rape if the victim's testimony is credible and consistent.
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