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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MICHAEL ZOTHANKHUMA, MARLI VANKUNG
Kawlthuamluaia S/o Thingremliana – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
MARLI VANKUNG, J.
1. Heard Mr. Victor L. Ralte, learned Amicus Curiae for the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State and Ms. Lalngaihsaki Fanai, learned Legal Aid counsel for respondent No. 2.
2. This is a jail appeal filed against the Judgment & Order dated 22.02.2024 passed by the learned Presiding Officer, Fast Track Special Court, Rape & POCSO Act, Aizawl, Mizoram in Sc. No. 120 of 2021 registered as Crl.Tr. No. 1604 of 2021, wherein, the appellant was convicted under Section 6 of the POCSO Act and sentenced to undergo R.I for a term of 20 years.
3. Brief facts of the case is that an FIR was received on 20.07.2021 from the informant, who stated that her daughter ‘X’, aged 5 years had been sexually molested and raped frequently by Kawlthuamluaia (appellant) at her parental aunt, Ramliani’s residence during the years 2017 to 2020. It was prayed that legal action should be taken against the person who had committed such an act upon her daughter in such a manner. The case was registered as SLK-PS Case No. 13 of 2021 under Section 6 of the POCSO Act read with 376 AB IPC.
4. During an investigation, the victim girl was sent
Child witness competency must be determined through preliminary questioning before evidence is recorded; failure to comply jeopardizes the integrity of the trial.
The act of touching a child's private parts through clothing does not constitute aggravated penetrative sexual assault under the POCSO Act, necessitating careful scrutiny of child witness testimony.
Sexual assault on minor - Significant discrepancies found in the deposition – Benefit of doubt given.
The court upheld the conviction for aggravated penetrative sexual assault based on the victim's credible testimony, emphasizing that minor discrepancies do not undermine the overall reliability of he....
Assessment of the competency and reliability of a child witness is crucial in cases involving allegations of sexual abuse.
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
The conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
The court affirmed that testimony from a child witness can be admissible and sufficient for conviction if the child understands the questions asked, and there is corroboration from other credible wit....
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