Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO
Jacob Lalramtiama, S/o Lalduhawma – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
NELSON SAILO, J.
Heard Mr. Joseph L. Renthlei, learned counsel for the appellants and Ms. Linda L. Fambawl, learned Public Prosecutor for the State. Since both the appellants have been convicted by a common Judgment & Order, both the appeals have been taken up for disposal.
[2.] The appellants being aggrieved with the Judgment & Order dated 26.03.2021 passed by the learned Addl. District & Sessions Judge – II, Aizawl in S.C No. 41/2017 corresponding to Criminal Trial No. 344/2017 convicted them under Section 4(1) Part – II read with Section 4(2)/5(1)(a)(c)(d) Part – I of the Immoral Traffic (Prevention) Act, 1956 (ITP Act) and thereafter, sentencing them to undergo seven (7) years imprisonment each for conviction under Section 4(1) Part – II read with Section 4(2) of the ITP Act and further, to undergo Rigorous Imprisonment for three (3) years for conviction under Section 5(1)(a)(c)(d) Part – I of the ITP Act with a fine of Rs. 2,000/- each with a default clause have filed the instant appeals. According to the learned Trial Court, since it was a single transaction, both the sentences were directed to run concurrently.
[3.] The case of the prosecution in brief is that on 01.0
The court emphasized the necessity of compliance with evidentiary standards for electronic records and the importance of witness credibility in criminal cases.
The court affirmed convictions for human trafficking and sexual offences against a minor, ruling that the trial was fair despite minor procedural errors, emphasized the gravity of abetting prostituti....
Statements under Section 164 Cr.PC are not substantive evidence without corroboration; the accused is entitled to the benefit of doubt in the absence of reliable evidence.
The judgment emphasizes the importance of reliable evidence, corroboration, fair investigation, and the fatal impact of non-examination of crucial witnesses and absence of essential documents in crim....
The court emphasized that lack of essential documentation and procedural compliance invalidates the prosecution's case, leading to the acquittal of the accused who were convicted of kidnapping for ra....
The evidentiary value of a victim's statement recorded under section 164 of Cr.P.C. and the need for legislative amendments to give it status as examination-in-chief in all eventualities.
The prosecution evidence must prove the charge beyond reasonable doubt, and the unreliability of the victim's testimony requires corroboration from independent evidence in cases of sexual offences.
The Court established that minor inconsistencies in testimony do not necessarily undermine a victim's credibility, especially in cases involving minors under the POCSO Act.
The statement of a deceased victim recorded under Section 164 CrPC is not substantive evidence and cannot solely support a conviction; the prosecution must prove the victim's age and provide corrobor....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
