MICHAEL ZOTHANKHUMA, MARLI VANKUNG
Lalremruata – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
(Marli Vankung, J.)
Heard Mr. C. Tlanthianghlima, learned Amicus Curiae representing the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the respondent No. 1 and Mr. Lalramdinthara, learned Legal Aid Counsel for respondent No. 2.
2. The instant Criminal Appeal has been preferred from jail against the Judgment and Order dated 13.11.2023 passed by the Fast Track Special Court, POCSO Act, 2012, Aizawl in S.C. No. 17/2021, by which the appellant was convicted under Section 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for a term of 20 years and pay a fine of Rs 2000/-, in default to undergo Rigorous Imprisonment for 2 months. Aggrieved by the said conviction and sentence imposed upon him, the appellant has filed the instant Criminal Appeal.
3. Brief facts of the case is that on 19.11.2020, the informant Mr. R. Lalmalsawma filed a written FIR stating that the accused/appellant Lalremruata had sexual intercourse with his daughter multiple times. The informant requested that action be taken against the accused/appellant, Lalremruata. An all women P.S. Case No. 47/2020 dated 19.11.2020, under section 6 of the POCSO Act, 201
The court upheld the conviction under the POCSO Act, emphasizing the victim's age and the reliability of her testimony despite minor 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 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 court affirmed that the testimony of a victim in sexual assault cases is vital and can be sufficient for conviction, provided it inspires confidence.
The main legal point established is that the testimony of the prosecutrix, supported by medical evidence and witness statements, can be sufficient to prove guilt under the POCSO Act and the Indian Pe....
Procedural lapses do not invalidate a conviction under the POCSO Act if the testimony of minor witnesses is credible and no demonstrable prejudice occurred to 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.
Point of Law - No legal compulsion to look for any other evidence to corroborate the evidence of prosecutrix before recording an order of conviction.
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
Penetrative sexual assault – Child witness - though the victim was only 4 years old at the time of the incident, a child witness can also be a reliable witness. In the present case, the competency of....
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