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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MARLI VANKUNG
C. Lalthakima S/o Chhuanvawra – Appellant
Versus
State Of Mizoram – Respondent
JUDGMENT :
MARLI VANKUNG, J.
Heard Mr. Lalrokunga Pautu, learned Amicus Curiae for the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondent and Mrs. Emily L. Chhangte, learned Legal Aid Counsel for respondent No. 2.
2 . This is an appeal against the Judgment & Order dated 03.09.2022 passed by the learned Special Judge, Special Court, POCSO Act, Aizawl Judicial District, Aizawl on 03.09.2022 in S.C. No. 115 of 2018 and Crl. Trial No. 1418 of 2018 u/s 6 of POCSO Act, 2012 wherein the appellant was convicted u/s 6 of the POCSO Act and sentenced to suffer R.I. for 10 years and pay a fine of Rs. 1000/- (One thousand) i/d for another period of 1 year.
3 . The brief facts of the case is that on 01.10.2018, an FIR was received from the informant/prosecutrix to the effect that her parents had divorced and her mother had re-married the present appellant. She started to live with them from December 2017. During the month of January – March, 2018, her step father had forcefully had sexual intercourse with her against her will many times in their residence at Thingsulthliah and in the jhum hut of a farm in the forest. Being aggrieved, she h
Conviction under POCSO Act can be based solely on the credible testimony of the victim, with sensitivity to delays in filing FIR due to trauma.
The testimony of a victim in sexual assault cases must be consistent and reliable; significant inconsistencies and lack of corroborative evidence can lead to an acquittal.
In sexual assault cases, the victim's testimony can suffice for conviction if reliable; however, significant inconsistencies can warrant acquittal due to benefit of doubt.
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
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 sole testimony of the prosecutrix can sustain a conviction under the POCSO Act if it inspires confidence, even with minor discrepancies.
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