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IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT KOHIMA BENCH
KAUSHIK GOSWAMI
Sh. Vanlaltluanga S/o- Sh. Thangseia (L) – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. criminal appeal against conviction and sentence (Para 2 , 3) |
| 2. arguments on victim's testimony and credibility (Para 4 , 5 , 6) |
| 3. court’s consideration of evidence and record (Para 7 , 8) |
| 4. prosecution witnesses' testimony (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. standards for evaluating child witness testimony (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 6. elements of offence under pocso act (Para 26 , 27 , 28 , 29) |
| 7. court's affirmation of trial court's judgment (Para 30 , 31 , 32) |
| 8. conclusion and dismissal of appeal (Para 34 , 35 , 36) |
JUDGMENT & ORDER :
KAUSHIK GOSWAMI, J.
Heard Mr. F. Lalengliana, learned counsel appearing for the accused/appellant. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor, Mizoram appearing for the respondent No. 1 and Mr. C. Tlanthianghlima, learned Legal Aid Counsel appearing for the respondent No.2/informant.
2. This instant criminal appeal is directed against the judgment & sentence order passed on 21.03.2024 by the learned Special Judge, POCSO Act, Aizawl Judicial District, Aizawl (hereinafter referred to as “Trial Court”) in S.C no. 185/2017 arising out of Crl. Trl. No. 1492/2017, whereby the accused/appellant was convicted
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