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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Lalfakawma, S/o- C. Lalrohlua – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. overview of the case and initial facts. (Para 2) |
| 2. facts surrounding the case. (Para 3 , 4) |
| 3. parties' arguments regarding evidence and credibility. (Para 5 , 6) |
| 4. court's analysis questioning victim's credibility. (Para 8 , 30 , 32) |
| 5. arguments presented by both sides. (Para 10) |
| 6. legal standards for proof in rape cases. (Para 27 , 29) |
| 7. analysis of the victim's credibility and consent. (Para 28) |
| 8. final ruling and acquittal of the appellant. (Para 36) |
| 9. court's final resolutions and acquittal of the appellant. (Para 37 , 38 , 39) |
JUDGMENT & ORDER :
KAUSHIK GOSWAMI, J.
Heard Mr. S. Pradhan, learned counsel appearing for the appellant. Also heard Mrs. Linda L Fambawl, learned Public Prosecutor appearing for the State respondent.
2. This criminal appeal is presented under Section 374(2) of the CRIMINAL PROCEDURE CODE (hereinafter referred to as “Cr.P.C.”) against the judgment & order dated 21.08.2023 and sentence order dated 22.08.2023, passed in All Women PS Case No.44/2021 (Crl.Trl No.108 of 2022) whereby the learned Additional Sessions Judge-1, Aizawl, Mizoram (hereinafter referred to as “trial Court”) convicted the appellant under Section 376 (1) of the INDIAN PE
In rape cases, a conviction can only be upheld if the prosecution proves non-consensual intercourse beyond reasonable doubt, emphasizing the importance of considering all evidence presented.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in testimonies and lack of medical evidence can lead to acquittal.
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.
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
Consent obtained through threats does not establish consensual engagement; credible victim testimony supported by evidence can suffice for conviction in sexual assault cases.
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in testimonies alongside lack of medical corroboration can lead to acquittal.
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