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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Laldinsanga, S/o Lalrinchhana (L) – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard H. Zodinsanga, learned Amicus Curiae for the accused/appellant.
Also heard Mrs. Mary L. Khiangte, learned Additional Public Prosecutor, Mizoram appearing for the respondent No. 1 and Mr. Jordan Rohmingthanga, learned Legal Aid Counsel appearing for the respondent No.2/informant.
2. This appeal is preferred against the Judgment & Order dated 22.04.2024 passed by the learned Presiding Officer/Judge, Fast Track Special Court (Rape & POCSO Act, 2012), Champhai District, Champhai in Case No. FTSC(CPI) POCSO: 60/2023 arising out of Crl.Trl. No. 192/2023 (Dungtlang P.S. Case No. 14/2023) registered under Section 12 of the POCSO Act, 2012, by which the accused/appellant has been convicted under Section 12 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for a term of 1 (one) year with a fine of Rs. 500/- (Rupees Five Hundred) only, in default of payment of fine to undergo Simple Imprisonment for a term of 15 (Fifteen) days.
3. The brief facts of the prosecution case is that PW-1 lodged an FIR on 02.06.2023 alleging inter-alia that in the year 2018, the accused/appellant called her daughter, who is about 6 years old inside his home and
Conviction under the POCSO Act can be based solely on credible testimony of the victim; delay in FIR is not grounds for acquittal if satisfactorily explained.
The sole testimony of a minor victim is sufficient for conviction in sexual assault cases under the POCSO Act if credible, regardless of the delay in filing the FIR.
The sole testimony of a minor victim in sexual assault cases can be sufficient for conviction if credible and corroborated by case circumstances; delay in FIR reporting does not diminish this credibi....
Testimony of a victim in sexual assault cases holds significant weight, often sufficient for conviction, especially when bolstered by medical evidence, dismissing concerns over FIR filing delays.
Conviction for sexual assault on a minor can rely on the sole testimony of the victim, established as credible, despite minor discrepancies in narrative and delays in reporting.
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
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.
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