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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
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 dated 03.08.2023 to undergo R.I for a period of 20 years and to pay a fine of Rs. 20,000/-(Rupees twenty thousand) in default Rigorous Imprisonment for 2 months.
3. Brief facts of the case is that an FIR was filed by the informant on 22.10.2022 to the effect that from the year 2020, Mr. Lalroenga (appellant) of Hmunhmeltha, Champhai had sexual intercourse with his minor niece ‘X’ aged 13 years a multiple times. They came to learn of this incident when her grandmother and other relatives caught them sleeping together (an mu dun lai) inside their shop at New Champhai on 17.10.2022 at around 5 a.m. The case was registered as CPI-P.S Case No. 143/2022 dated 22.10.2022 u/s 6 of th
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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