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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MARLI VANKUNG,
Lalliansanga S/o K.K. Thanga – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT & ORDER :
MARLI VANKUNG, J.
Heard Mr. B. Lalramenga, learned counsel for the appellant along with Ms.Vanneihsiami, learned Addl. Public Prosecutor and Mrs. Emily L. Chhangte, learned Legal Aid Counsel for respondent No. 2.
2. This is an appeal filed u/s 415 of the Bharatya Nagarik Suraksha Sanhita (BNSS), 2023 against the Judgment & Order dated 30.08.2024, passed by the Presiding-Officer Fast Track Special Court, POCSO Act, 2012, Aizawl, Mizoram in Crl. Trl No. 48/2021 by which the appellant was convicted u/s 4 of the POCSO Act, 2012 and sentence to undergo 10 years imprisonment with a fine of Rs. 2000/, in default rigorous imprisonment of 2 (two) months.
3. Brief facts of the case is that an FIR was filed by the informant on 11.10.2020 to the effect that her daughter ‘X’ aged 16 years was taken to Ahimsa Hotel, Zarkawt on 09.10.2020 at around 11:00 am by the husband of her younger sister, Lalliansanga/appellant. He grabbed the breasts of her daughter and even inserted his finger inside her private part. The incident was revealed to her at 6:00 pm on 10.10.2020, where she had mentioned that he even made her touch his private part. A case u/s 4 of the POCSO Act was registered a
The prosecution failed to establish the appellant's guilt under the POCSO Act due to lack of credible evidence and the recantation of the key witness.
The sole testimony of the prosecutrix can sustain a conviction under the POCSO Act if it inspires confidence, even with minor discrepancies.
The testimony of a child victim under the POCSO Act, if credible, does not require corroboration for conviction, and minor discrepancies should not undermine a reliable prosecution case.
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....
In sexual assault cases, the victim's testimony can suffice for conviction if reliable; however, significant inconsistencies can warrant acquittal due to benefit of doubt.
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.
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 court upheld the conviction under the POCSO Act, emphasizing the victim's age and the reliability of her testimony despite minor inconsistencies.
The testimony of a victim in sexual assault cases must be consistent and reliable; significant inconsistencies and lack of corroborative evidence can lead to an acquittal.
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