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NELSON SAILO, ROBIN PHUKAN
Lalfakzuala Hrahsel – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. B. Lalramenga, learned counsel for the appellant and Ms. Linda L. Fambawl, learned Public Prosecutor for the respondent No. 1. None appears for the respondent Nos. 2 & 3 despite notice.
2. This is an appeal against the Judgment & Order dated 09.03.2023, passed by the Court of the Presiding Officer, Fast Track Special Court, POCSO Act, Aizawl in S.C No. 14/2020 corresponding to Criminal Trial No. 257/2020, by which, the appellant was convicted under Section 4 of the POCSO Act and sentenced to imprisonment for a term of twenty (20) years.
3. The case of the prosecution in brief is that on 25.09.2019, a written FIR was received from the respondent No. 2 by Vaivakawn Police Station to the effect that the victim, aged 15 years, who was studying in Class-VIII at Helen Lowry School, had been raped by the appellant inside his shop named ‘LCT Pharmacy’ located at Vaivakawn, Aizawl. As such, Vaivakawn P.S Case No. 149/2019 dated 25.09.2019, under Section 376(3) of the Indian Penal Code (IPC), read with Section 4 of the POCSO Act, was registered and the case investigated upon. Upon conclusion of the investigation, the Investigating Officer, finding a prima
The Court established that minor inconsistencies in testimony do not necessarily undermine a victim's credibility, especially in cases involving minors under the POCSO Act.
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
Conviction in sexual assault cases can be based on the sole testimony of a victim if deemed trustworthy. Delay in lodging an FIR is not fatal provided the explanation is plausible. Where evidence lea....
The court affirmed that a victim's testimony in sexual assault cases is sufficient for conviction, despite minor discrepancies and delay in the FIR, highlighting the credibility of the victim as para....
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