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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO, MARLI VANKUNG
Lalroenga Hmunhmeltha – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. jail appeal against conviction under pocso act. (Para 2 , 3 , 4) |
| 2. arguments challenging victim's testimony and medical evidence. (Para 5 , 6 , 7 , 9) |
| 3. presents the appellant's arguments and claims of inconsistencies. (Para 8) |
| 4. prosecution asserts reliability of victim's account despite discrepancies. (Para 10 , 11) |
| 5. testimonies reveal a complex relationship and prior incidents. (Para 12 , 14 , 15) |
| 6. court's scrutiny of evidence raises doubts about prosecution's case. (Para 29 , 30 , 35 , 39 , 45) |
| 7. examines the ratio decidendi regarding the necessity of credible testimony. (Para 31) |
| 8. acquittal of the accused due to benefit of doubt. (Para 46 , 48) |
JUDGMENT :
Marli Vankung, J.
Heard Mr. Jordan Rohmingthanga, learned Amicus Curiae for the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondent No. 1 and Mr. H. Zodinsanga, learned Legal Aid Counsel for respondent No. 2.
2. This is a jail appeal filed against the Judgment & Order dated 02.08.2023 passed by the Court of Special Judge, POCSO Act, Champhai in Criminal trial No. 37/2023 wherein, the appellant was convicted u/s 6 of the POCSO Act and sentenced vide Order date
In sexual assault cases, the victim's testimony can suffice for conviction if reliable; however, significant inconsistencies can warrant acquittal due to benefit of doubt.
The testimony of a victim in sexual assault cases must be consistent and reliable; significant inconsistencies and lack of corroborative evidence can lead to an acquittal.
The sole testimony of the prosecutrix can sustain a conviction under the POCSO Act if it inspires confidence, even with minor discrepancies.
Conviction under POCSO Act can be based solely on the credible testimony of the victim, with sensitivity to delays in filing FIR due to trauma.
In sexual assault cases, conviction may rely on the victim’s sole testimony, but credibility and corroboration are essential, especially in light of discrepancies.
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.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
Victim's testimony in sexual offences must be consistent and credible; significant inconsistencies may lead to acquittal even if the core premise of the testimony remains intact.
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