Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MARLI VANKUNG, J.
Biakhmingthanga, S/o Lalvuana – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
(MARLI VANKUNG, J.)
Heard Mr. T. Lalnunsiama, learned counsel for the appellant. Also heard Mrs.Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondents and Mr. H. Zodinsanga, learned Legal Aid Counsel for respondent No. 2.
2. This is an appeal filed against the Judgment and Order dated 08.12.2021, passed by the learned District & Sessions Judge, Special Court (POCSO Act), Lunglei District in Crl. Tr. No. 516/2020 (Ref. Lunglei P.S. Case No. 54/2020 dated 24.07.2020) wherein the appellant was convicted under Section 6 of the POCSO Act on finding him guilty of committing the offence under Section (l) & (m) of Section 5 of the POCSO Act and thereby sentenced to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1,000/- in default the imprisonment for another period of one month.
3. Facts of the case in brief is that an FIR was lodged by the informant/prosecutrix on 24.07.2020 to the effect that during the year 2019, though she does not remember the date and time, the accused/appellant took her to a basement at Venghlun, Lunglei where he had sex with her. She had kept quiet because she was afraid. The FIR is filed for taking legal action against t
The sole testimony of the prosecutrix can sustain a conviction under the POCSO Act if it inspires confidence, even with minor discrepancies.
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.
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.
Conviction under POCSO Act can be based solely on the credible testimony of the victim, with sensitivity to delays in filing FIR due to trauma.
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.
Minor discrepancies in a victim's testimony do not negate the credibility of the evidence when supported by medical and DNA evidence.
In sexual assault cases, conviction may rely on the victim’s sole testimony, but credibility and corroboration are essential, especially in light of discrepancies.
The testimony of a child victim can suffice for conviction in sexual assault cases, even without corroboration, provided it is credible and trustworthy.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
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
