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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
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 learned Additional Session Judge cum Special Judge, Cachar in Special (POCSO) Case No. 23/2018, whereby the appellant has been convicted under Section 366 /376 of the INDIAN PENAL CODE and was sentenced only under Section 366 of the INDIAN PENAL CODE to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 7,000/- and in default of payment of fine to undergo simple imprisonment for 3 months. The appellant was also convicted under Section 4 of the POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for a term of 10 years and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo further simple imprisonment for 6 months. Both the sentences were directed to
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 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.
The prosecution must establish the age of the victim beyond reasonable doubt in cases under the POCSO Act; failure to provide adequate evidence leads to acquittal.
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