Back
VIJAY BISHNOI, KAUSHIK GOSWAMI
C. Lalhmangaiha S/o C. Vanlalliana (L) – Appellant
Versus
State of Mizoram – Respondent
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 in connection with Crl. Tr. No. 549/2020 arising out of Lunglei P.S. Case No. 62/2020 dated 15.08.2020 under Section 6 of the Prevention of Children under Sexual Offences Act , 2012 (hereinafter to be referred as “POCSO Act, 2012”) whereunder the accused/appellant was sentenced to undergo Rigorous Imprisonment for a period of 20 (twenty) years and to pay fine of Rs.5,000/- (Rupees Five Thousand) and, in default payment of fine, to undergo Simple Imprisonment for another period of 1(one) month.
3. The case of the prosecution is that on 15.08.2020, PW-1/mother lodged an FIR alleging that the accused/appellant, in June, 2020 had made her twin daughters, aged about 5 years, suck his private
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....
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
