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NELSON SAILO
Lalluahpuia Fanai – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
NELSON SAILO, J.
Heard Mr. Jonathan L. Sailo, learned Amicus Curiae for the appellant, Ms. Mary L. Khiangte, learned Addl. Public Prosecutor for the State and Mr. C. Tlanthianghlima, learned Legal Aid Counsel for the respondent No. 2.
[2.] This is an appeal filed by the appellant against the Judgment & Order dated 01.03.2022 passed by the Presiding Officer, Fast Track Special Court, Rape & POCSO Act, Aizawl, Mizoram in Criminal Trial No. 880/2020 whereby, the appellant has been convicted under Section 10 of the POCSO Act and sentenced to Rigorous Imprisonment for five (5) years and to pay a fine of Rs. 5,000/- with a default clause.
[3.] The case of the of the prosecution is that a written FIR was received by the Officer-in-Charge, All Women Police Station, Aizawl from the mother of the victim to the effect that the appellant who as the guest of the victim’s father in the month of January, 2020 made her touch his penis and he also touched her private part. She therefore requested that appropriate action be taken against him as per law for having sexually molested her minor daughter. It was also stated that the FIR was submitt
The consistent testimonies of the victim and corroborating witnesses established the appellant's guilt under the POCSO Act, affirming the conviction despite the appellant's claims of inconsistencies.
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....
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
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
The court ruled that insufficient evidence of penetration under Section 6 of the POCSO Act led to a conviction under Section 10 for aggravated sexual assault.
Penetrative sexual assault – Child witness - though the victim was only 4 years old at the time of the incident, a child witness can also be a reliable witness. In the present case, the competency of....
Statements under Section 164 Cr.PC are not substantive evidence without corroboration; the accused is entitled to the benefit of doubt in the absence of reliable evidence.
Procedural lapses do not invalidate a conviction under the POCSO Act if the testimony of minor witnesses is credible and no demonstrable prejudice occurred to the accused.
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