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NELSON SAILO
Thatluna, S/o Suakliana (L) – Appellant
Versus
State of Mizoram, Aizawl – Respondent
JUDGMENT :
Heard Mr. T Lalzekima, learned Amicus Curiae for the appellant, Ms. Mary L Khiangte, learned Addl. Public Prosecutor for the State and Mr. Lalrokunga Pautu, learned Legal Aid Counsel for respondent No. 2 (Informant).
2. This is an appeal from Jail filed by the appellant against the Judgment & Order dated 04.04.2022 passed by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Aizawl convicting him under Section 6 of the POCSO Act and thereafter, sentencing him vide Order dated 20.04.2022 to undergo Rigorous Imprisonment for 10 years and to pay fine of Rs. 3000/- with a default clause.
3. The case of the prosecution in brief is that on 29.01.2019, a FIR was lodged before the Officer-in-Charge, Vaivakawn Police Station to the effect that on 27.01.2019, at around 12:00 PM, the accused/ appellant had sexually molested the victim and also on numerous occasions earlier. Therefore, the complainant sought for legal action against the appellant. Accordingly, Vaivakawn P.S Case No. 15/2019 dated 29.01.2019 was registered under Section 376 AB of the Indian Penal Code (IPC) read with Section 6 of the POCSO Act and investigated into. During the
The court affirmed that the testimony of a victim in sexual assault cases is vital and can be sufficient for conviction, provided it inspires confidence.
It is a settled law that victim of a sexual assault is not treated as accomplish and as such her evidence does not require corroboration from any other evidence if her sole testimony inspires confide....
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The court upheld the conviction under the POCSO Act, emphasizing the victim's age and the reliability of her testimony despite minor inconsistencies.
The court upheld the conviction for abduction and rape based on testimonial and medical evidence, emphasizing the validity of medical age assessment in absence of primary documents.
(1) Penetrative sexual assault on girl child – Evidence of approximate age of victim would not be sufficient to any conclusion about exact age of victim.(2) Medical examination of accused of rape is ....
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
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