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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Laldinsanga S/o- Lalrinchhana – Appellant
Versus
State of Mizoram, Represented by the Public Prosecutor, Mizoram – Respondent
| Table of Content |
|---|
| 1. appellant convicted under pocso act. (Para 2 , 3) |
| 2. arguments concerning delay in filing fir. (Para 4 , 5 , 6) |
| 3. testimony of victim should inspire confidence. (Para 18 , 19 , 20) |
| 4. definitions of penetrative sexual assault under pocso. (Para 21 , 22) |
| 5. importance of child protection from sexual abuse. (Para 23 , 24 , 25) |
| 6. closure of appeal and appreciation of legal counsel. (Para 27 , 28) |
JUDGMENT & ORDER :
KAUSHIK GOSWAMI, J.
Heard Mr. H. Zodinsanga, learned Amicus Curiae appearing 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 directed 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, Mizoram, (hereinafter referred to as “trial Court”) in case No. FTSC (CPI) POCSO:65/2023, arising out of Crl. Trl. No. 248/2023, registered under Section 6 of the POCSO Act, 2012, whereby the accused/appellant has been convicted under Section 6 of the POCSO Act
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.
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.
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....
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.
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....
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.
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.
The testimony of minor victims in sexual assault cases can suffice for conviction if credible; the accused bears the burden of proof to contest guilt.
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