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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Zothansanga Darnam – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT
Michael Zothankhuma, J.
Heard Mr. K. Remruatfela, learned counsel for the appellant. Also heard Ms. Vanneihsiami, learned Addl. Public Prosecutor for the State respondent and Mr. C. Tlanthianghlima, learned Amicus Curiae for the respondent No. 2.
[2.] This is an appeal against the Judgment & Order dated 29.08.2024 passed by the Court of the Presiding Officer, Fast Track Special Court, POCSO Act , 2012, Aizawl in Sessions Case No. 60 of 2022 arising out of Criminal Trial No. 713 of 2022, by which the appellant has been convicted under Section 6 of the POCSO Act , 2012 and sentenced to undergo Rigorous Imprisonment for a period of 20 years and to pay a fine of Rs. 2,000/-, in default to suffer Rigorous Imprisonment for a period of three (3) months.
[3.] The prosecution case in brief is that an FIR was submitted by the informant (PW-1), who is the mother of the victim girl on 14.02.2022, before the Officer-in- Charge, Serchhip Police Station. The FIR stated that during the year ending 2017, the daughter of the informant had been raped by the appellant at night in their house at Darnam village. The FIR also st
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 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.
Conviction for sexual assault on a minor can rely on the sole testimony of the victim, established as credible, despite minor discrepancies in narrative and delays in reporting.
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 for aggravated penetrative sexual assault based on the victim's credible testimony, emphasizing that minor discrepancies do not undermine the overall reliability of he....
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 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 conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
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