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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. Unni krishnan Nair
Rajkishor Mali Son of Late Swaminath Mali – Appellant
Versus
State of AP and Anr represented by the PP of AP – Respondent
| Table of Content |
|---|
| 1. conviction details and sentencing. (Para 2 , 3) |
| 2. issues raised by the appellant regarding victim's age and credibility. (Para 4 , 6 , 8) |
| 3. evidence adduced regarding the victim's account. (Para 11 , 15 , 20) |
| 4. foundational facts established and implications of the pocso act. (Para 25 , 29 , 36) |
JUDGMENT :
N. Unni krishnan Nair, J.
Heard Mr. D. K. Gupta, learned counsel for the appellant. Also heard Ms. T. Jini, learned Additional Public Prosecutor, appearing for the respondent No. 1 and Ms. O. Perme, learned Legal Aid Counsel, representing the respondent No. 2/informant.
2. The present appeal has been instituted by the appellant, assailing the judgment and order, dated 01.08.2024, passed by the learned Special Judge (POCSO), Khonsa Sessions Division, Tirap District in Khonsa/SC (POCSO) Case No. 06/2023, convicting the appellant under Section 354A IPC and Section 10 of The Protection of Children from Sexual Offences Act, 2012 (in short, The POCSO Act) and sentencing him to 5 (five) years imprisonment, under Section 10 of The POCSO Act with a fine of Rs. 10,000/- (Rupees Ten Thousand) in default, to suffer further detention for a period of 6 (six) months.
3. Facts of t
The court reinforced the importance of proving victim’s age via school records under the Juvenile Justice Act, alongside acknowledging that minor discrepancies in testimony do not discount credibilit....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
Prosecution must establish victim's age and consent beyond reasonable doubt; reliance on unverified documents and lack of corroboration leads to acquittal in sexual assault cases.
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
The court established that the burden of proving a victim's age lies with the prosecution, and the absence of reliable evidence necessitates giving the benefit of doubt to the accused.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
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