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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MARLI VANKUNG, SHAMIMA JAHAN
Lalbiakliana, S/o Vanlalliana (L) – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. background of the criminal appeal (Para 1 , 2 , 3) |
| 2. arguments against the conviction (Para 4 , 5 , 6) |
| 3. evidence presented by prosecution (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. evaluation of victim's testimony (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. application of legal standards on victim testimony (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 6. court's final judgment and orders (Para 32 , 33 , 34 , 35 , 36) |
JUDGMENT :
Shamima Jahan, J.
Heard Mr. Jordan Rohmingthanga, learned Amicus Curiae for the appellant and Ms. Mary L Khiangte, learned Addl. Public Prosecutor for the State of Mizoram and Mr. Lalramdinthara, learned counsel for the informant.
1. This is a criminal appeal filed from Jail under Section 383 of the Cr.P.C against the Judgment & Order dated 27.09.2024 passed by the Presiding Officer, Fast Track Special Court, POCSO Act 2012, Aizawl Judicial District, Aizawl, Mizoram in Sessions Case No. 70/2023 under Section 6 of Protection of Children from Sexual Offences Act, 2012 (here-in-after shortly referred to as “the POCSO Act”).
A. BASIC FACTS
2. The prosecution story as unfolded is that an FIR was lodged by the mother of the victim stating i
The consistent testimony of a minor victim, under the POCSO Act, can solely establish guilt even amidst minor discrepancies, highlighting the importance of reliability in such cases.
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.
The testimony of a minor victim can be sufficient for conviction under the POCSO Act if it is credible, regardless of the victim's prior sexual history.
The court upheld the conviction for aggravated penetrative sexual assault based on the victim's credible testimony, emphasizing that minor discrepancies do not undermine the overall reliability of he....
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
Penetrative sexual assault – Child witness - though the victim was only 4 years old at the time of the incident, a child witness can also be a reliable witness. In the present case, the competency of....
Point of Law : Medical examination report of the victim's girl shows that there was a recent tearing of her hymen, coupled with the testimony of the victim that she was raped by the appellant.
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
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