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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Manoj Sharma, Son Of Late Bhagirath Sarmah – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. facts concerning familial relationships and allegations. (Para 3 , 4 , 5 , 6) |
| 2. guidelines for vulnerable witnesses in the context of legal representation. (Para 11 , 12) |
| 3. consideration of child welfare and possible parental influence. (Para 13 , 14 , 15) |
| 4. court's findings on previous rulings and implications. (Para 16) |
| 5. final directions regarding custody and proceedings. (Para 17 , 18 , 19 , 20 , 21) |
JUDGMENT :
Heard Mr. S.K. Singh, learned senior counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam as well as Mrs. BRA Sultana, the learned Legal Aid Counsel.
2. This is an application under Section 397 read with Section 401 of the CRIMINAL PROCEDURE CODE (CrPC) challenging the order dated 29.09.2022 passed by the learned Special Judge (POCSO), Sonitpur, Tezpur in Special POCSO, Case No.53/2021.
3. The petitioner is the husband of the Respondent No.2. They have a 12 year old girl child. The petitioner and the Respondent No.2 have a strained relationship and therefore they live separately. Their girl child lives with the Respondent No.2. A divorce proceeding is going on between them.
4. It may be stated that thou
Custodial decisions for child witnesses in sexual offense cases must prioritize their best interests, ensuring protective measures against potential influence or tutoring from guardians.
The POCSO Act mandates the protection of minor victims during trials, allowing testimonies via video conferencing to ensure psychological safety and prevent exposure to the accused.
The rejection of a minor victim's request for video conferencing testimony was overturned to ensure the protection and dignity of vulnerable witnesses under the POCSO Act, highlighting the judiciary'....
Trial court cannot order special educator for POCSO victim solely on psychiatric report without prior competency assessment under Section 118 Evidence Act.
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.
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