Back
DEVASHIS BARUAH, MRIDUL KUMAR KALITA
Lalhmingsanga, S/o Thanghuama – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
M.K. Kalita, J.
1. Heard Ms. Emily L. Chhangte, learned Amicus Curiae for the appellant and Ms. Vanneihsiami, learned Additional Public Prosecutor appearing for the State of Mizoram for the respondent No. 1 as well as Mr. Lalramdinthara, learned Amicus Curiae for the respondent No. 2.
2. This jail appeal has been registered on receipt of an appeal petition from the appellant, Lalhmingsanga, who is currently detained in the Central Jail, Aizawl. The appeal petition has been forwarded to this Court through the Special Superintendent Central Jail, Aizawl. The appellant has impugned the judgment dated 06.12.2023, passed by learned Special Judge, (POCSO Act), Aizawl in S.C. No. 64/2019 (Criminal Trial No. 783/2019), whereby the appellant has been convicted under Section 6 of the POCSO Act, 2012 read with Section 376-AB of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 5,000/- (Rupees five thousand), in default of payment of fine, to undergo further simple imprisonment for 1(one) week.
3. The facts relevant for adjudication of this jail appeal, in brief, are as follows:-
The court ruled that proper identification of the accused is essential for conviction, especially when the victim does not know the accused beforehand.
The prosecution's case can be established through circumstantial evidence and witness demeanor despite inconsistencies in testimonies regarding identification, affirming the conviction under relevant....
In cases of rape, inconsistencies and lack of corroborative evidence, particularly regarding victim identification and age, undermine prosecution's case, necessitating acquittal.
The evidence of a victim of sexual assault stands almost at par with the evidence of an injured witness and is entitled to great weight. The delay in the test identification parade was not fatal to t....
The prosecution's failure to establish foundational facts undermines the application of statutory presumptions of guilt in sexual assault cases under the POCSO Act.
The central legal point established is the requirement for proper identification of the accused, the need for conclusive medical evidence in sexual assault cases, and the impact of discrepancies in t....
The credibility of witness testimonies, especially that of the victim, and the importance of corroborating evidence such as medical reports and chemical analysis in establishing guilt in criminal cas....
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
