Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Michael Zothankhuma, Marli Vankung
Lawmsangkima S/o Samuela – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT AND ORDER :
Michael Zothankhuma, J.
Heard Mr. C. Tlanthianghlima, learned counsel for the appellant. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor for the State as well as Mr. Lalrokunga Pautu, learned Legal Aid Counsel for the respondent No. 2.
2. This appeal has put to challenge the Judgment and Order dated 21.10.2024 passed by the Presiding Officer, Fast Track Special Court, POCSO Act, 2012, Aizawl in Sessions Case No. 36/2020 (Criminal Trial No. 679/2020), by which the appellant has been convicted under Section 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for 20 years with a fine of Rs. 2000/-, in default, to suffer Rigorous Imprisonment for two months.
3. The prosecution case in brief is that an FIR was submitted by the mother of the victim, who is the Prosecution Witness No. 1 (PW-1) on 20.10.2019, stating that her daughter of 11 years had been raped by the appellant during September, 2019 and the beginning of October, 2019 in their residence.Moreover, the appellant had also touched the victim’s private parts many times.
4. Pursuant to the FIR, the Mamit Police Station registered Mamit PS Case No. 0/2019 dated 20.10.2019 under Sect
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 is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
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.
Point of Law : Medical examination report of the victim's girl shows that there was a recent tearing of her hymen, coupled with the testimony of the victim that she was raped by the appellant.
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.
The testimony of a child victim can suffice for conviction in sexual assault cases, even without corroboration, provided it is credible and trustworthy.
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....
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
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.
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
