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MRIDUL KUMAR KALITA
Sariful Islam – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
1. Heard Mr. A. Ahmed, learned counsel for the appellant. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor as well as Ms. Meghali Barman, learned Amicus Curie, representing the victim girl.
2. This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 has been filed by the appellant, namely, Shariful Islam, impugning the judgment and order dated 30.06.2023 passed by learned Additional Sessions Judge-cum-Special Judge, POCSO, Barpeta in Special POCSO Case No. 105/2019, whereby the appellant was convicted under Section 376 of the Indian Penal Code read with Section 4 of the POCSO Act, 2012, and was sentenced to undergo rigorous imprisonment for 7 years, and to pay a fine of Rs. 10,000/-and in default of payment of fine, to undergo further simple imprisonment for one year.
3. The facts relevant for adjudication of the instant Criminal Appeal, in brief, are as follows:
The prosecution must establish foundational facts in sexual offence cases; uncorroborated testimony of the victim alone is insufficient for conviction.
The prosecution must prove foundational facts in cases under the POCSO Act, and the victim's testimony must be reliable and corroborated to support a conviction.
The conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
The statement of a deceased victim recorded under Section 164 CrPC is not substantive evidence and cannot solely support a conviction; the prosecution must prove the victim's age and provide corrobor....
The testimony of the victim in sexual assault cases must be credible and reliable; delays and contradictions can undermine a prosecution's case, leading to acquittal.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The court upheld the conviction for abduction and rape based on testimonial and medical evidence, emphasizing the validity of medical age assessment in absence of primary documents.
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