Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MITALI THAKURIA
Ashraful Sheikh S/O Rahmat Ali – Appellant
Versus
State of Assam And Anr – Respondent
| Table of Content |
|---|
| 1. nature of the incident and initial reporting (Para 2) |
| 2. factual background of the case (Para 3 , 4 , 5) |
| 3. defense's challenge to prosecution evidence. (Para 7 , 8) |
| 4. concerns regarding reliability of key witnesses. (Para 9 , 10) |
| 5. testimony of prosecutrix not meeting reliability standards. (Para 11 , 12) |
| 6. prosecution's burden of proof and its failure. (Para 13 , 14) |
| 7. court evaluates evidence and inconsistencies. (Para 15 , 16 , 35 , 39) |
| 8. evaluation of victim's testimony (Para 36 , 43) |
| 9. court's final determination and ratio decidendi. (Para 42 , 44) |
| 10. conclusion and order of appeal. (Para 45 , 46 , 47) |
JUDGMENT & ORDER (CAV)
Heard Mr. R. Bora, learned counsel for the appellant. Also heard Mr. P.Borthakur, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. A. Phukan, learned Amicus Curiae for the respondent No. 2.
2. This is an appeal under Section 374(2) read with Section 4 82 of the Code of Criminal Procedure, 1973 against the impugned judgment and order dated 29.08.2023, passed by the learned Special Judge, Bilasipara, Dhubri in Special (POCSO) Case No. 38/2019, whereby the appellant has been convicted under Section 4 of the POCSO Act,
Prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies and absence of corroborating evidence challenge the conviction in sexual assault cases under POCSO.
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
In sexual assault cases, conviction may rely on the victim’s sole testimony, but credibility and corroboration are essential, especially in light of discrepancies.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
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.
The testimony of a minor victim in sexual assault cases holds significant evidentiary weight and can lead to conviction without corroboration if credible.
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.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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
