Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, YARENJUNGLA LONGKUMER
Puspa Kanta Pegu S/o Late Lujen Pegu – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
S.K. Medhi , J.
The instant appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973 (Corresponding to Section 4 15 of Bharatiya Nagarik Suraksha Sanhita, 2023) against the judgment and order dated 10.01.2024 passed by the learned Special Judge (POCSO), Tinsukia in POCSO Case No. 50/2023 under Section 4 (2) of Protection of Children from Sexual Offenses Act, 2012 (hereinafter POCSO Act), arising out of Lekhapani P.S. Case No. 33/2023 by which the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of 20 years and fine of Rs. 10,000/- (Rupees Ten Thousand) in default of fine to simple imprisonment of 4 months.
2. The criminal law was set into motion by lodging of an Ejahar by PW- 1, who is the father of the victim on 12.04.2023. It has been stated that on 11.04.2023 his minor daughter aged about 12 years informed her female friends that she was forcefully sexually assaulted for past 7 or 8 months by the appellant and was also threatened not to disclose the matter to anybody. Accordingly, the information was lodged. Based on the said Ejahar, the FIR was registered and investigation was done, leading to laying of
The testimony of a minor victim in sexual assault cases holds significant evidentiary weight and can lead to conviction without corroboration if credible.
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 victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
A conviction for sexual offences against minors can be based solely on the victim's testimony if it is credible and trustworthy, without the need for corroboration.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
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....
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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
