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MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Jiten Ray Dhubri, Assam – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
(M. Zothankhuma, J)
1. Heard Mr. M. Dutta, learned Amicus Curiae appearing for the appellant and Mr. K.K. Das, learned Addl. P.P., Assam appearing for the State.
2. The appellant has challenged the judgment dated 25.03.2021 passed by the Court of the Addl. Sessions Judge/Special Judge, Dhubri in Special Case No.81/2019, by which the appellant has been convicted under Sections 376AB/506 of IPC read with Section 6 of the POCSO Act. Thereafter, in terms of Section 42 of the POCSO Act, 2012, the appellant was sentenced to undergo rigorous imprisonment for life with fine of Rs.5000/-, in default, to undergo simple imprisonment for 6 months under Section 6 of the POCSO Act. Further, the appellant was sentenced to undergo rigorous imprisonment for 2 years in terms of Section 506 of IPC. Both the sentences were to run concurrently.
3. The prosecution case, in brief, is that the informant, who is the mother of the victim and prosecution witness No.1 (PW 1), had lodged and FIR dated 16.09.2019, stating that at around 8 a.m. on 13.09.2019, the appellant had raped her minor daughter aged about 10 years in his bedroom. On asking her daughter why she was crying at around 10 p.m., the vict
A victim's testimony can be sufficient for conviction in sexual assault cases if it is credible, even if medical evidence is inconclusive.
Penetration, even partial, constitutes rape under IPC and POCSO Act; the credibility of child witnesses must be carefully assessed.
Conviction under lesser charges cannot be sustained if the primary charge is not proven, emphasizing the need for corroborative evidence.
The victim's credible testimony, coupled with medical evidence of injury, is sufficient for conviction under the POCSO Act despite minor contradictions in her statements.
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
In sexual assault cases involving minors, the victim's testimony holds significant weight and need not be corroborated unless substantial reasons exist; even minimal penetration suffices to establish....
Conviction in sexual assault cases relies heavily on victim testimony, which can be accepted without corroboration if found credible; absence of physical evidence or major injury can lead to acquitta....
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....
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