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MARLI VANKUNG
Liansawmkima – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Marli Vankung, J.
Heard Mr. Lalchhanliana Khiangte, learned Amicus Curiae for the appellant along with Mrs. Linda L. Fambawl, learned Public Prosecutor for the State respondents and Mr. Lalrokunga Pautu, learned Legal Aid Counsel for respondent No. 2.
2. This is a jail appeal against the Judgment & Order dated 24.08.2020 passed by the Court of Special Judge under POCSO Act, 2012, Aizawl in SC No. 17/2017 in connection with Crl.Tr. No. 186/2017, wherein the appellant was convicted under Section 4 of the POCSO Act and sentenced to undergo Simple Imprisonment for 7 years and pay a fine of Rs. 1000/-, i.d. to undergo Simple Imprisonment for one week vide Sentence Order dated 26.08.2020.
3. Brief facts of the prosecution case is that on 26.09.2016, an FIR was received from the informant to the effect that her daughter aged 14 years went for a picnic with her friends at LAD Park, Lengpui. On that day, the taxi driver (accused) on the pretext of dropping her home took her to Buichali road and raped her inside his taxi. The informant had asked for the phone number of the taxi driver from their daughter’s friend. However, the taxi driver had refused to pick up his phone even though t
Minor discrepancies in a victim's testimony do not negate the credibility of the evidence when supported by medical and DNA evidence.
The sole testimony of the prosecutrix can sustain a conviction under the POCSO Act if it inspires confidence, even with minor discrepancies.
The testimony of a victim in sexual assault cases must be consistent and reliable; significant inconsistencies and lack of corroborative evidence can lead to an acquittal.
In sexual assault cases, the victim's testimony can suffice for conviction if reliable; however, significant inconsistencies can warrant acquittal due to benefit of doubt.
The court upheld the conviction under the POCSO Act, emphasizing the victim's age and the reliability of her testimony despite minor inconsistencies.
Rape of minor – Conviction upheld - there might be some minor inconsistencies but the same in my considered view are not enough to vitiate the case of the prosecution
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 reliability of the testimony of a victim of sexual assault, particularly a minor, is vital, and minor inconsistencies in the evidence may not necessarily undermine the credibility of the testimon....
The testimony of a victim in sexual assault cases, if credible, does not require corroboration, and the age of the victim can be established through admissible documents.
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