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MARLI VANKUNG, SUSMITA PHUKAN KHAUND
P. C. Lalremruata Zonuam, Aizawl, Mizoram – Appellant
Versus
State of Mizoram – Respondent
JUDGEMENT :
(S.P. Khaund, J.)
1. Heard Mr Victor L Ralte, learned Amicus Curiae, for the appellant, Ms Mary L Khiangte, learned Additional Public Prosecutor, for the respondent No. 1/State of Mizoram and Mr Johny L Tochhawng, learned Legal Aid Counsel for the respondent No. 2.
2. This appeal is directed against the Judgment and Order dated 08.12.2021 in SC No. 32/2019 A/o Crl.Tr.No.334/2017 passed by the learned Presiding Officer, Fast Track Special Court (Rape and POCSO Act), Aizawl Judicial District (hereinafter also referred to as the trial Court), convicting – ‘A’ -name withheld (hereinafter also referred to as the appellant or the accused), under Section 376 AB of the Indian Penal Code, 1860 (‘IPC’, for short) and sentencing him to undergo Rigorous Imprisonment for 20 years. An order was already passed to set off the custodial sentence with the period of detention already undergone by the appellant.
3. The genesis of the case was that an FIR was lodged by the victim’s mother, ‘Y’ (hereinafter also referred to as the informant), contending that on 06.11.2018, at about 02:00 pm, the informant’s son-‘Z’, who was only 9 years old at that time, informed
The court affirmed that the victim's credible testimony, corroborated by medical evidence, suffices for conviction under sexual assault laws, despite minor contradictions.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The victim's credible testimony, coupled with medical evidence of injury, is sufficient for conviction under the POCSO Act despite minor contradictions in her statements.
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
It is the duty of the court to examine the broader probabilities of a case and should not get swayed by minor contradictions or insignificant discrepancies in the statement of the prosecutrix, which ....
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