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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Michael Zothankhuma
Lalhlimpuia S/o R.Lalremsiama Hmar Veng – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Michael Zothankhuma, J
Heard Ms. Lalngaihsaki Fanai, learned Amicus Curiae for the appellant. Also heard Ms. Vanneihsiami, learned Addl. Public Prosecutor for the respondent No. 1 and Mr. C. Tlanthianghlima, learned Legal Aid Counsel for the respondent No.2.
2. This is an appeal from Jail filed by the convict/appellant against the Judgment & Order dated 10.07.2023 passed by the Court of the Additional District & Sessions Judge -cum- Judge, Fast Track Court, Kolasib in S.R. No. 31/2022 (Crl.Trl.No. 156/2022), convicting the appellant under Section 6 of the POCSO Act, 2012 and also under Sections 363 and 377 IPC. The appellant has been sentenced to undergo Rigorous Imprisonment for 20 (twenty) years and to pay a fine of Rs. 50,000/-, i/d of fine to undergo Rigorous Imprisonment for 1 (one) year under Section 6 of the POCSO Act, 2012. The appellant has also been sentenced to undergo Simple Imprisonment for a period of 5 (five) years and to pay a fine of Rs. 5,000/-, i/d Simple Imprisonment for 5 (five) months under Section 363 IPC. The appellant has also been sentenced to undergo Simple Imprisonment for 5 (five) years and to pay a fine of Rs. 5,000/-, i/d Simple Imprisonment f
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The court ruled that a defendant cannot receive separate sentences for identical acts under different statutes, affirming conviction for one count while reducing the life sentence to 10 years based o....
Consent immaterial for penetrative sexual assault on minor under 18; conviction upheld on unrebutted presumptions, medical/forensic evidence despite romantic claim; distinguished from marriage/progen....
The necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
Non-consensual sexual acts against minors and adults, and acts of bestiality continue to be governed by Section 377 of IPC, despite the reading down of the section for consensual sexual acts of adult....
Rape of girl child – Once a victim of rape, particularly, a child is found to be truthful in her deposition, said evidence is adequate to establish charge of commission of offence punishable under Se....
The court clarified that in cases of child sexual abuse, the definitions under the PoCSO Act take precedence, and dual sentencing under IPC and PoCSO Act is not permissible when one provides a greate....
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....
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