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NELSON SAILO, MARLIVANKUNG
Vanlalrawngbawla Kawnpui Vengthar – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
(Nelson Sailo, J.)
Heard Mr. B. Lalramenga, learned counsel for the appellant, Ms. Linda L. Fambawl, learned Public Prosecutor for the State and Mr. T. Lalzekima, learned Legal Aid Counsel for the respondent No. 2.
[2.] This is an appeal filed by the appellant against the Judgment & Order dated 21.11.2023 passed by the Court of the Additional District & Sessions Judge -cum- Judge, Fast Track Court, Kolasib in Sessions Case (K) No. 19/2022 corresponding to Criminal Trial No. 56/2022 convicting the appellant under Section 6 of the POCSO Act and thereafter, vide order dated 07.12.2023 sentencing him to undergo Rigorous Imprisonment for a period of 20 years and to pay a fine of Rs. 5,000/- with a default clause.
[3.] The case of the prosecution in brief is that on 15.01.2022, the mother of the victim submitted an FIR in Kawnpui Police Station stating that her daughter who is a minor was sexually assaulted by her school Headmaster (the appellant) in the early hours of 15.01.2022 at around 1:30 AM inside the office of the Headmaster, Lalfak Memorial High School, Kawnpui. As a result, Kawnpui P.S Case No. 1/2022 under Section 6 of t
The testimony of a victim in sexual assault cases, if credible, does not require corroboration, and the age of the victim can be established through admissible documents.
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
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 main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
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
Rape of minor girl – Delay in FIR - threats administered by the appellant of circulating the MMS and of defamation of the family, are all factors to be considered, for delay in lodging the FIR – Conv....
The court upheld the conviction under the POCSO Act, emphasizing the victim's age and the reliability of her testimony despite minor inconsistencies.
[The judgment establishes that corroborative evidence, including medical reports and witness testimonies, is crucial in sexual assault cases, particularly when the victim is a minor. The court emphas....
A perusal of Rule 12(3) of J.J.Rules itself reveals that the first priority has to be given to the Matriculation or equivalent certificate and in the absence thereof, to the date of birth certificate....
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
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