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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Yarenjungla Longkumer
K. Lalruatfela – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Heard Mr. J.H. Ricky Lalruatfela, learned Amicus Curiae for the appellant. Also heard Mrs. Emily L. Chhangte, learned Legal Aid Counsel for respondent No. 2 and Mrs. Mary L. Khiangte, learned Addl. PP for the State.
1. This is a Jail Appeal from Central Jail, Aizawl by the appellant/convict K. Lalruatfela praying for setting aside and quashing of the Judgment and Order dated 22.11.2023 in Session Case No. 149 of 2022 and Crl. Tr. No. 1861 of 2022 u/s 8 of POSCO Act, 2012 R/W Section 354-A(2) IPC.
2. The fact of the case in brief is that a written FIR was lodged by the father of the victim at Darlawn P.S. on 06.10.2022. It was stated in the FIR that the victim was alone in their house on the evening of 02.10.2022 when the accused came in and assaulted her by pulling her into a bench and touched her breast and kissed her. Darlawn P.S. case No. 11 of 2022 dated 06.10.2022 was accordingly registered and investigated. Having found a prima facie case against the accused, the charge sheet was submitted containing a list of five prosecution witnesses along with the FIR, the arrest memo and birth certificate of the victim. Charge was framed against the accused person on 02.03.2023 u
The court upheld the conviction for sexual assault, affirming the victim's testimony as sufficient evidence and validating the birth certificate's admissibility despite challenges regarding its authe....
The Court established that minor inconsistencies in testimony do not necessarily undermine a victim's credibility, especially in cases involving minors under the POCSO Act.
The testimony of the victim in sexual assault cases must be credible and reliable; delays and contradictions can undermine a prosecution's case, leading to acquittal.
Prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies and absence of corroborating evidence challenge the conviction in sexual assault cases under POCSO.
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 acquitted the appellant due to reasonable doubt regarding the victim's credibility and inconsistencies in her testimony.
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 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....
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