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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Robin Phukan, Marli Vankung
Lalhlimpuia Hmarveng, Kawnpui – Appellant
Versus
State of Mizoram – Respondent
JUDGEMENT AND ORDER :
Marli Vankung, J.
Heard Mr. H. Zodingsanga, learned Amicus Curiae for the appellant. Also heard Ms. Vanneihsiami, learned Additional Public Prosecutor for the State respondents and Mr. Jordan Rohmingthanga, learned Legal Aid Counsel for respondent No. 2.
2. This is a jail appeal against the Judgment & Order passed on 19.12.2023 by the District & Sessions Judge-cum-Judge, FTC, Kolasib in SC(K) No. 10/2021 A/o of a Crl. Tr. Ex. No. 194/2021, Kolasib PS Case No. 60/2020, wherein, the appellant was convicted u/s 6 of the POCSO Act and sentenced to undergo R.I. for 20 (twenty) years and to pay a fine of Rs. 5000/- in default to undergo further S.I. for 1 (one) month.
3. Brief facts of the case is that an FIR was filed by the informant on 25.08.2020 to the effect that during the month of June – July, 2020 her younger sister Ramdinthari, whom they had admitted to TNT, Khuangpuilam (Rehab) took her daughter ‘X, aged 5 years with her to the Rehabilitation Home. Another inmate of TNT, Khuangpuilam named Lalhlimpuia of Kawnpui sexually molested the minor daughter of Ramdinthari by touching her breasts and private part. The FIR was thus filed for taking legal action against L
The act of touching a child's private parts through clothing does not constitute aggravated penetrative sexual assault under the POCSO Act, necessitating careful scrutiny of child witness testimony.
Child witness competency must be determined through preliminary questioning before evidence is recorded; failure to comply jeopardizes the integrity of the trial.
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....
The main legal point established in the judgment is the requirement for close scrutiny of evidence from child witnesses, the need for corroboration of their testimony, and the practical reasoning req....
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
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 victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
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 established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
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