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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Malsawmdawngzela @ Bastina College Veng, Aizawl, Mizoram – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT
Michael Zothankhuma, J.
Heard Mr. Zoramchhana, learned counsel for the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the respondent No. 1 and Mrs. Emily L. Chhangte, learned Amicus Curiae for the respondent No.2/informant.
2. This is an appeal against the Judgment & Order dated 11.06.2024 passed by the Presiding Officer, Fast Track Special Court, POCSO Act , 2012, Aizawl in Sessions Case No. 31/2020 arising out of Crl. Trial No. 626/2020, by which the appellant has been convicted under Section 6 of the POCSO Act and has been sentenced to undergo Rigorous Imprisonment for a period of 20 years and to pay a fine of Rs. 3000/-, in default of payment of fine, Rigorous Imprisonment for a period of two months.
3. The prosecution case is that an FIR dated 13.01.2020 was submitted by the mother of the victim boy who was five years old, which was to the effect that the victim boy had expressed pain in his anus on 11.01.2020, while his bottom was being washed after defecation. On being asked, the victim boy told his mother, the informant (PW-1), that some time in the month of December 2
The conviction under Section 6 of the POCSO Act was overturned due to discrepancies in the victim's testimony and lack of evidence proving the appellant's direct involvement in the alleged acts.
The testimony of a minor victim can be sufficient for conviction under the POCSO Act if it is credible, regardless of the victim's prior sexual history.
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....
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
The conviction under the POCSO Act cannot stand due to significant inconsistencies and lack of corroboration in the victim's testimony and other prosecution witnesses, raising doubts about the appell....
The testimony of a minor victim may suffice for conviction in sexual assault cases if it is credible and consistent, independent of corroborating evidence.
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