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MITALI THAKURIA
Dulpak Saring, S/o Shri Dulkek Saring – Appellant
Versus
State of AP Represented by PP – Respondent
JUDGMENT :
Mitali Thakuria, J.
Heard Mr. G. Tarak, learned Amicus Curiae for the appellant. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. M. Boje, learned Amicus Curiae for the respondent No. 2.
2. This jail appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is preferred against the judgment & order dated 03.05.2021, passed by the learned Special Judge (POCSO Act), Tezu, District Lohit, Arunachal Pradesh in POCSO Case No. 12/(LDV)/2019, under Section 376(2)(f) of the INDIAN PENAL CODE , whereby the accused/appellant has been sentenced to undergo rigorous imprisonment for a period of 10 (ten) years and fine of Rs. 1,000/- and in default further simple imprisonment of another 1 (one) month.
3. The prosecution case, if brief, is that on 21.03.2019, one Shri Nikong Pertin (informant), father-in-law of the convict/appellant, lodged an F.I.R. before the Officer-In-Charge, Dambuk Police Station, alleging that on 16.04.2019, at about 3.00 p.m., the present convict/accused/appellant- Shri Dulpak Saring forcefully raped his stepdaughter (victim), who was aged about 10 (ten) years, and threatened her with dire consequences.
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
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 court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The prosecution must prove foundational facts beyond reasonable doubt; reliance solely on the victim's testimony is insufficient if unsupported by corroborative evidence.
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.
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 under POCSO Act can be based solely on the credible testimony of the victim, with sensitivity to delays in filing FIR due to trauma.
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
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