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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Laldinsanga S/o Lalrinchhana (L) – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. factual background establishes basis for appeal. (Para 2) |
| 2. nature of allegations and victim's report. (Para 3 , 9 , 10) |
| 3. arguments on delay of fir and credibility. (Para 4 , 5 , 6) |
| 4. court's analysis of victim testimony. (Para 17 , 18 , 19) |
| 5. legal standards for conviction under pocso. (Para 20 , 21) |
| 6. conclusion of appeal and court acknowledgments. (Para 22 , 23 , 24 , 25) |
JUDGEMENT & ORDER :
KAUSHIK GOSWAMI, J.
Heard H. Zodinsanga, learned Amicus Curiae for the accused/appellant. Also heard Mrs. Mary L. Khiangte, learned Additional Public Prosecutor, Mizoram appearing for the respondent No. 1 and Mr. Jordan Rohmingthanga, learned Legal Aid Counsel appearing for the respondent No.2/informant.
2. This appeal is preferred against the Judgment & Order dated 22.04.2024 passed by the learned Presiding Officer/Judge, Fast Track Special Court (Rape & POCSO Act, 2012), Champhai District, Champhai in Case No. FTSC(CPI) POCSO: 61/2023 arising out of Crl.Trl. No. 193/2023 (Dungtlang P.S. Case No. 15/2023) registered under Section 10 of the POCSO Act, 2012, by which the accused/appellant has been convicted under Section 10 of the POCSO Act, 2012 and sentenced to undergo Rig
The sole testimony of a minor victim in sexual assault cases can be sufficient for conviction if credible and corroborated by case circumstances; delay in FIR reporting does not diminish this credibi....
The sole testimony of a minor victim is sufficient for conviction in sexual assault cases under the POCSO Act if credible, regardless of the delay in filing the FIR.
Conviction under the POCSO Act can be based solely on credible testimony of the victim; delay in FIR is not grounds for acquittal if satisfactorily explained.
Testimony of a victim in sexual assault cases holds significant weight, often sufficient for conviction, especially when bolstered by medical evidence, dismissing concerns over FIR filing delays.
Conviction for sexual assault on a minor can rely on the sole testimony of the victim, established as credible, despite minor discrepancies in narrative and delays in reporting.
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....
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
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