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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Hafizur Rahman, S/o. Late Abdul Monnaf – Appellant
Versus
State of Assam, Represented By PP, Assam. – Respondent
| Table of Content |
|---|
| 1. legal basis of appeal and accusations (Para 1 , 2 , 3 , 4) |
| 2. contradictions in victim's testimony (Para 5 , 6 , 7 , 8) |
| 3. proper evaluation of evidence (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. need for corroboration in sexual assault cases (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. conclusion and acquittal of the appellant (Para 28 , 29 , 30 , 31) |
JUDGMENT :
(M. Zothankhuma, J)
1. Heard Mr. A. Rahman, learned counsel for the appellant. Also heard Ms. A. Begum, learned Addl. P.P., Assam for the State and Ms. L. Devi, learned Legal Aid Counsel appearing for the respondent No.2, who is the mother of the victim.
2. This appeal is against the judgment dated 13/05/2021 passed by the Court of the learned Additional Sessions Judge, Dhubri in Special Case No. 9/2019, by which the appellant has been convicted under Section 6 POCSO Act and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5000/-, in default, simple imprisonment for 6(six) months.
3. The prosecution case is that on 30.09.2018, PW-2 submitted an FIR dated 30.09.2018 to the Officer-in-Charge, Dhubri Sadar Police Station, stating that she had come to learn that on 30.09.2018,
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 sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
The testimony of a minor victim in sexual assault cases holds significant evidentiary weight and can lead to conviction without corroboration if credible.
A conviction for sexual offences against minors can be based solely on the victim's testimony if it is credible and trustworthy, without the need for corroboration.
In sexual assault cases, the victim's testimony can suffice for conviction if reliable; however, significant inconsistencies can warrant acquittal due to benefit of doubt.
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
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