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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) AIZAWL BENCH
MRIDUL KUMAR KALITA, SHAMIMA JAHAN
H. Lalhruaitluanga, S/o H. Malsawmtluanga – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
(MRIDUL KUMAR KALITA, J)
1. Heard Mr. Lalrokunga Pautu, the learned Amicus Curiae appearing for the appellant. Also heard Ms. Vanneihsiami, the learned Additional Public Prosecutor as well as Ms. Emily L. Chhangte, the learned Legal Aid Counsel appearing for the respondent No.2 (Father of the victim).
2. This appeal has been registered on receipt of a petition of appeal from the appellant, namely, Sh. H. Lalhruaitluanga, through the Superintendent of Central Jail, Aizawl, where the appellant is presently serving out his sentence.
3. As the appellant was not represented by any counsel, hence, this Court by order dated 25.10.2024 had appointed Mr. Lalrokunga Pautu as Amicus Curiae to represent the appellant.
4. In this appeal the appellant has impugned the judgment dated 28.06.2023 passed by the Court of learned Special Judge, Fast Track Court (POCSO), Aizawl in Sessions Case No. 26/2022 (Criminal Trial No. 252/2022).By the said judgment, the appellant was convicted under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and was sentenced to undergo Rigorous Imprisonment for a period of 20 years and to pay a fine of Rs.5,000/- and in default of paym
The testimony of the victim in sexual assault cases must be credible and reliable; delays and contradictions can undermine a prosecution's case, leading to acquittal.
The conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
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.
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
A victim's testimony, if credible and corroborated, can be sufficient for conviction, highlighting the judicial approach towards sexual assault cases involving minors.
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.
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 prosecution must prove foundational facts in cases under the POCSO Act, and the victim's testimony must be reliable and corroborated to support a conviction.
The prosecution must establish foundational facts in sexual offence cases; uncorroborated testimony of the victim alone is insufficient for conviction.
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