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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MRIDUL KUMAR KALITA
Sofa Uddin S/o Late Abdul Kadir – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. this case involves an appeal challenging a conviction under ipc and pocso. (Para 1) |
| 2. allegation of abduction and sexual offences (Para 3 , 4 , 5 , 6) |
| 3. victim testimony regarding abduction (Para 12 , 13 , 20 , 22) |
| 4. medical examination and evidence presented (Para 30 , 34 , 38) |
| 5. arguments regarding age determination (Para 46 , 48 , 56) |
| 6. the victim's testimony was crucial in establishing the facts leading to the conviction. (Para 60) |
| 7. court affirms trial court's decision (Para 62 , 80) |
| 8. the determination of the victim's age was pivotal in applying the pocso act. (Para 66 , 74) |
| 9. the court found no error in the trial court's reliance on medical evidence for conviction. (Para 82) |
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. L.R. Majumdar, the learned counsel for the appellant. Also heard Mr. D. Das, the learned Additional Public Prosecutor for the State respondent as well as Ms. Debashree Saikia, the learned Amicus Curiae appearing for Respondent Nos. 2 and 3.
2. This appeal, under Section 374 (2) of the Code of CRIMINAL PROCEDURE CODE , 1973, has been filed by the appellant Sofa Uddin, impugning the judgment and order dated 20.12.2021, passed by the Court of le
The court upheld the conviction for abduction and rape based on testimonial and medical evidence, emphasizing the validity of medical age assessment in absence of primary documents.
The court emphasized the necessity of proper age determination procedures under the Juvenile Justice Act, concluding that the prosecution failed to establish the victim's age as under 18, leading to ....
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
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.
The court emphasized that significant inconsistencies in victim statements, delay in FIR, and lack of corroborative evidence led to the acquittal of the appellant in a sexual assault case.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
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