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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
PARTHIVJYOTI SAIKIA
Md. Ranu Ahmed S/o Late Sayed Uddin Ahmed – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. introduction and case background. (Para 1) |
| 2. appeal against conviction under ipc and pocso. (Para 2 , 3 , 5) |
| 3. fir lodged by the victim's mother. (Para 4) |
| 4. convictions and trial outcomes. (Para 6) |
| 5. court's doubt regarding victim's credibility. (Para 7 , 8 , 34) |
| 6. victim's allegations and lack of corroboration. (Para 9 , 11 , 12 , 30) |
| 7. need for corroboration in sexual assault cases. (Para 32 , 33) |
| 8. appeal allowed and acquittal on benefit of doubt. (Para 35 , 36 , 37) |
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. P. Kataki, learned counsel appearing for the appellant. Also heard Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam for Respondent No.1 as well as Mr. S. Nawaz, learned Amicus Curiae appearing for the Respondent No.2.
2. This is an appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment and order dated 13.09.2021 passed by the learned Special Judge, Sivasagar in Special (P) Case No.34 of 2017. The appellant was convicted under Section 10 of the POCSO Act and under Section 323 of the INDIAN PENAL CODE .
3. On 05.07.2017, the Respondent No.2, being the wife of the present appellant, had lodged an FIR before police alleg
The prosecution must prove allegations of sexual harassment beyond reasonable doubt, and victim testimony requires corroboration to be credible.
The court established that child witness testimony, if credible and corroborated, can be sufficient for conviction under the POCSO Act.
Girl child – Once testimony of victim girl is not found to be of sterling quality, same may not be utilized, without corroboration, for the purpose of convicting appellant for a lesser offence.
The statutory presumption of child status under the POCSO Act necessitates credible evidence for age determination, which must meet the standard of proof beyond reasonable doubt.
In cases of sexual assault against minors, credible testimony from the victim can suffice for conviction without corroboration, emphasizing the need for sensitivity in handling such cases.
The credibility of the victim's testimony and the lack of requirement for corroboration in certain cases were the central legal points established in the judgment.
The conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
The conviction under the POCSO Act was overturned due to insufficient evidence and procedural flaws in the prosecution's case.
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