Back
THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Vanhreluaia S/o Tialchhawna – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. C. Tlanthianghlima, learned Amicus Curiae for the accused/appellant. Also heard Ms. Vanneihsiami, learned Addl. Public Prosecutor for the respondent No. 1 and Mr. Lalramdinthara, learned Legal Aid Counsel for the respondent No. 2, who is the mother of the victim girl.
2. This Jail Appeal is presented against the Judgment & Sentence Order dated 25.08.2023 passed by the learned Special Judge, POCSO Act, Champhai in Sessions Registration Case No. 88/2018 on 31.07.2024, whereby the accused/appellant was convicted under Section 6 of the Prevention of Children under Sexual Offences Act, 2012 (hereinafter to be referred as “POCSO Act, 2012”) and sentenced to undergo Rigorous Imprisonment for a period of 20 years and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand) with a default clause.
3. The brief facts of the case is that upon receipt of an FIR on 23.06.2019 lodged by the respondent No. 2 i.e. (the mother of the victim) informing inter- alia that on 23.06.2019, the accused/appellant between 2:00 to 3:00 p.m. took her daughter aging about 5 years behind Champhai Dinthar Veng Sub-Centre where he tou
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.
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 ....
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....
Point of law: Section 42(A) of the POCSO Act, Section 31 of Cr.P.C., need not be strictly followed while awarding the punishment of imprisonment for offence under the POCSO Act.
Punishment for aggravated sexual assault is prescribed in section 10 of POCSO, 2012.
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
