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NELSON SAILO, MARLI VANKUNG
J. Sanglura S/o Sapbela (L) – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. Lalpianfela Chawngthu, learned counsel for the appellant, Ms. Mary L. Khiangte, learned Addl. Public Prosecutor for the State and Mr. T. Lalzekima, learned Legal Aid Counsel for respondent No. 2.
2. This is an appeal filed by the appellant against the Judgment & Order dated 19.09.2022 passed by the Presiding Officer, Fast Track Special Court, POCSO Act, Aizawl in S.C Case No. 30/2019 corresponding to Criminal Trial No. 332/2019 by which the appellant was convicted under Section 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 20 years with a fine of Rs. 10,000/- and in default to undergo further Rigorous Imprisonment for six (6) months.
3. The case of the prosecution in brief is that an FIR was lodged on 19.09.2018 by the complainant (PW-1) to the effect that the appellant on 05.09.2018 had sexual intercourse with the prosecutrix who is her grand-daughter and that he had also earlier committed sexual intercourse with her in the year 2016 and in the month of July, 2018 as well. As a result, Serchhip P.S Case No. 78/2018 dated 19.09.2018 under Section 6 of the POCSO Act was registered and investigated into. Upon the conclusion
Statements under Section 164 Cr.PC are not substantive evidence without corroboration; the accused is entitled to the benefit of doubt in the absence of reliable evidence.
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 consistent testimonies of the victim and corroborating witnesses established the appellant's guilt under the POCSO Act, affirming the conviction despite the appellant's claims of 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
The court upheld the conviction under the POCSO Act, emphasizing the victim's age and the reliability of her testimony despite minor inconsistencies.
Conviction under POCSO Act cannot be sustained on the basis of unreliable witness testimonies, especially when witnesses turn hostile and fail to corroborate the prosecution's case.
The prosecution evidence must prove the charge beyond reasonable doubt, and the unreliability of the victim's testimony requires corroboration from independent evidence in cases of sexual offences.
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.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The prosecution failed to establish the appellant's guilt under the POCSO Act due to lack of credible evidence and the recantation of the key witness.
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