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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, YARENJUNGLA LONGKUMER
Anuj Kr. Das @ Animesh, S/o. Late Nalinakhya Das – Appellant
Versus
State Of Assam, Represented by PP Assam – Respondent
| Table of Content |
|---|
| 1. conviction background under pocso act. (Para 1 , 2 , 3 , 4) |
| 2. witness statements corroborate the incident. (Para 5 , 6 , 7 , 8) |
| 3. medical examination findings support allegations. (Para 9 , 10) |
| 4. investigation processes undertaken post-allegation. (Para 11 , 12 , 13) |
| 5. defendant's denial and defense arguments presented. (Para 14 , 15 , 16) |
| 6. defense argues inconsistencies in prosecution evidence. (Para 21 , 22 , 24) |
| 7. court's interpretation of the pocso act provisions. (Para 28 , 29 , 38) |
| 8. age determination of victim according to statutory indications is crucial for prosecution. (Para 30) |
| 9. appeal dismissed based on established grounds. (Para 39 , 40 , 41) |
JUDGMENT :
(S.K. Medhi, J.)
This instant Appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 [corresponding to Section 415 of the BNSS ] against the judgment and order dated 04.06.2022 passed by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Case No. Special POCSO 36/2021 whereby the appellant has been convicted under Section 6 of the Protection of Children from Sexual Offences (hereinafter referred to as POCSO) Act and sentenced to undergo Rigorous Imp
The testimony of a victim is sufficient for conviction in sexual assault cases if consistent and credible, reinforced by supporting evidence.
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
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 statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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