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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SUSMITA PHUKAN KHAUND
Abdul Baten S/o Sonabuddin Sheikh – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. conviction under pocso act based on victim testimony. (Para 1) |
| 2. factual details of the incident and investigation. (Para 2 , 3) |
| 3. examining contradictions in witness statements. (Para 5) |
| 4. court's analysis of witness statements. (Para 6 , 13 , 20) |
| 5. arguments regarding the credibility of evidence. (Para 10 , 17 , 21) |
| 6. importance of victim’s age in assessing consent. (Para 14) |
| 7. court’s responsibility to weigh evidence and contradictions. (Para 22) |
| 8. legal precedent on the reliability of victim testimonies. (Para 23) |
| 9. final judgment and order of the court. (Para 24 , 25 , 26) |
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
1. This appeal is directed against the Judgment and Order dated 26.06.2020, passed by the learned Special Judge, Bilasipara in connection with Special (POCSO) case No. 11/2019, convicting Abdul Baten hereinafter referred to as the appellant under Section 4 of the Protection of Children from Sexual Offences Act, (POCSO Act for short) and sentencing him to undergo rigorous imprisonment (RI for short) for 7 years and to pay a fine of Rs. 5000/- with default stipulation and under Section 4 48 of the IPC and sentencing him to undergo R.I. for 2 months.
2. The ge
The reliability of a minor's testimony in sexual assault cases is paramount, and minor contradictions do not invalidate credible evidence.
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
The delay in lodging the FIR due to pandemic restrictions does not undermine the prosecution's case, and the evidence of child witnesses is credible despite minor discrepancies.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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.
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