KAUSHIK GOSWAMI
C. Laldingliana Siata, Saiha – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. Joseph L. Renthlei, learned Amicus Curiae for the accused/appellant. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor for the State respondent and Mr. C. Tlanthianghlima, learned Legal Aid Counsel for the respondent No. 2.
2. This appeal is preferred against the Judgment & Order dated 11.10.2017 passed by the Special Court, POCSO Act, Siaha District, Mizoram in SR No. 13/2017 Ref: Siaha P.S Case No. 58/2017 dated 24.06.2017, whereunder the accused/appellant was convicted under Section 6 of the Prevention of Children under Sexual Offences Act, 2012 (hereinafter to be referred as “POCSO Act, 2012”) and sentenced thereof by Order dated 13.10.2017 to undergo Rigorous Imprisonment for a period of 10 (ten) years and to pay fine of Rs. 10,000/- (Rupees Ten Thousand) and, in default payment of fine, to undergo Simple Imprisonment for another period of 100 (hundred) days.
3. The case of the prosecution in brief is that an FIR was lodged on 24. 06.2017 by one “X” of aged about 13 years alleging inter alia that her step-father accused/appellant of Siata used to rape her whenever her mother is not around and that he last raped her on March, 2017
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A conviction for sexual offences against minors can be based solely on the victim's testimony if it is credible and trustworthy, without the need for corroboration.
The testimony of minor victims in sexual assault cases can suffice for conviction if credible; the accused bears the burden of proof to contest guilt.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for 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 sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
In cases of sexual assault against minors, credible testimony from the victim can suffice for conviction without corroboration, emphasizing the need for sensitivity in handling such cases.
In sexual assault cases, conviction may rely on the victim’s sole testimony, but credibility and corroboration are essential, especially in light of discrepancies.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
The testimony of a minor victim in sexual assault cases is sufficient for conviction without corroboration, as long as it is credible and inspires confidence.
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