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SUSMITA PHUKAN KHAUND
Rosangpuia S/o Dotawna – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
1. Heard learned Amicus Curiae Mr. Victor L. Ralte for the appellant, learned Public Prosecutor Ms. Linda L. Fambawl for the respondent State and Ms. Emily L. Chhangte, learned Amicus Curiae for the respondent No. 2.
2. An appeal has been preferred by Sh. Rosangpuia (hereinafter referred as the appellant or accused) from the jail challenging the judgment and order dated 18.02.2022 as well as the sentence dated 23.02.2022 passed by the learned Special Judge (POCSO), Lunglei Judicial District, Mizoram in connection with Crl. Tr. No. 353/2020, convicting the appellant under Sections 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short) and sentencing him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5000/-(Rupees Five Thousand) with default stipulation and for offence under Section 12 of the POCSO Act and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/-(Rupees One Thousand) with default stipulation. The sentences are directed to run concurrently.
3. The genesis of the case was that on 10.03.2020 at about 6:00 PM, the victim ‘X’ aged abo
The delay in lodging the FIR due to pandemic restrictions does not undermine the prosecution's case, and the evidence of child witnesses is credible despite minor discrepancies.
Conviction for sexual assault on a minor can rely on the sole testimony of the victim, established as credible, despite minor discrepancies in narrative and delays in reporting.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
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