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VIJAY BISHNOI, KAUSHIK GOSWAMI
C. Lalhmangaiha S/o C. Vanlalliana (L) – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. introduction of case and procedural history. (Para 1 , 2) |
| 2. factual allegations and investigation details. (Para 3 , 4 , 5 , 6) |
| 3. charges framed and trial initiation. (Para 8 , 9 , 10) |
| 4. defense arguments regarding inconsistencies. (Para 11 , 12 , 13) |
| 5. prosecution's rebuttal of defenses. (Para 14 , 15) |
| 6. testimonies of victims and witnesses corroborating facts. (Para 18 , 19 , 30 , 31 , 32 , 34 , 36) |
| 7. medical evidence supporting prosecution claims. (Para 54 , 56) |
| 8. legal standards for credibility in sexual assault cases. (Para 66 , 67 , 68 , 70) |
| 9. decision of the court and the outcome of the appeal. (Para 77 , 85) |
| 10. final judgment and appeal decision. (Para 84 , 86) |
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Ms. Rosalynn L. Hmar, learned counsel for the accused/appellant. Also heard Mrs. Mary L. Khiangte, learned Additional Public Prosecutor, Mizoram, appearing for the respondent No. 1 and Mr. Jordan Rohmingthanga, learned Legal Aid Counsel, appearing for the respondent Nos. 2 & 3, i.e. informant/mother and father, respectively.
2. This appeal is preferred against the Judgment & Order dated 04.07.2022 passed by the Special Court, POCSO Act, Lunglei District, Lunglei
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.
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.
Victim's testimony is crucial in sexual assault cases; it can alone substantiate conviction when credible, supported by medical evidence and witness accounts, despite minor inconsistencies.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The conviction can be sustained solely on the victim's credible testimony under POCSO, even without corroboration, emphasizing the need for sensitivity in child victim cases.
Testimony of a victim in sexual assault cases holds significant weight, often sufficient for conviction, especially when bolstered by medical evidence, dismissing concerns over FIR filing delays.
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....
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....
Prosecution must establish essential elements of charges beyond reasonable doubt; inconsistencies and lack of corroboration lead to acquittal.
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