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PARTHIVJYOTI SAIKIA, KARDAK ETE
Job Modi, S/o. Shri Agyang Modi – Appellant
Versus
State of A. P. , Represented by the Public Prosecutor – Respondent
JUDGMENT :
P.J. Saikia, J.
Heard Mr. T.T. Tara, the learned counsel appearing for the appellant. Also heard Mr. G. Tado, learned Addl. Public Prosecutor representing the State of Arunachal Pradesh/ Respondent No.1. Ms. N. Danggen, the learned counsel appearing for the Respondent No.2 (informant).
2. This is an appeal under Section 374(2) of the Code of Criminal Procedure against the judgment dated 11.08.2023 and the order dated 14.08.2023 passed by the learned Special Judge (POCSO), Siang, East Siang, Upper Siang and Lower Siang district at Pasighat in PSG SC (POCSO) Case No.06/2019 convicting the appellant under Section 6 of the POCSO Act.
PROSECUTION CASE
3. The prosecution case relates to an allegation of sexual assault upon a five year old girl. The appellant is the younger brother of Smti. Dango Modi who was the best friend of the mother of the said girl. The appellant got a job at Yingkiong but he did not have any place to stay. Therefore, his elder sister requested the mother of the girl to allow her brother to stay in her house for the time being. Ultimately, the mother of the girl agreed.
4. The mother of the girl has alleged that the appellant whenever met her daughter kissed h
The court established that child witness testimony, if credible and corroborated, can be sufficient for conviction under the POCSO Act.
The conviction under the POCSO Act was overturned due to insufficient evidence and procedural flaws in the prosecution's case.
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 conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
Crime against women and Children - Modesty - Conviction confirmed - It is well settled that in a case of rape, finding of guilt can be recorded even on basis of uncorroborated testimony of prosecutri....
Conviction upheld based on consistent and reliable testimony of child victim, establishing guilt under POCSO Act despite absence of severe injuries; presumption of guilt applies once foundational fac....
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