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SUMAN SHYAM, MRIDUL KUMAR KALITA
Md. Samsul Hussain, S/o. Md. Hussain Ali – Appellant
Versus
State Of Assam, Rep. By PP, Assam – Respondent
JUDGMENT :
(Suman Shyam, J.)
Heard Ms. S. Borpujari, learned Amicus Curiae appearing on behalf of the sole appellant. We have also heard Ms. S. Jahan, learned Addl. P.P., Assam appearing on behalf of the State. Mr. M. Ahmed, learned counsel has appeared for the respondent No.2/informant.
2. This Criminal Appeal from Jail is directed against the judgment and order dated 05.07.2022 passed by the learned Special Judge, Jorhat in Special Case No.34 of 2019 whereby, the sole appellant was convicted under Section 376 AB of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for a period of 20 years and also to pay fine of Rs.5000/-, in default, to undergo simple imprisonment for a period of one year.
3. The prosecution case, as unfolded from the materials available on record, in a nutshell, is that on 26.06.2019, the mother of the victim had lodged an ejahar before the Officer-in-Charge of Ladoigarh Police Outpost informing him that on 19.06.2019, she, along with her 12 years old daughter, had gone to the house of ‘Bogai’ at Holongapara. She had washed clothes in Bogai’s house and thereafter, sent her daughter to fetch the clothes from the upper floor of the house. At
The court upheld the conviction based on the credible testimony of the minor victim, emphasizing that minor inconsistencies do not undermine her credibility.
The court affirmed that a victim's testimony, especially from a minor, can suffice for conviction in sexual assault cases, even without medical corroboration.
The prosecution must prove guilt beyond a reasonable doubt, and inconsistencies in witness testimonies can lead to acquittal.
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
The factual foundations of the prosecution case must be established to attract the statutory presumption under Section 29 of the POCSO Act, and inconsistencies and contradictions in the victim's stat....
Rape – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
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