Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Md. Sowkat Ali, S/o. Ahad Ali – Appellant
Versus
State Of Assam, Rep. By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. appeal against conviction of rape under pocso. (Para 2 , 3) |
| 2. testimonies affirm the claims of assault. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. victim's testimony corroborated despite omissions. (Para 14 , 15 , 16) |
| 4. interpretation of penetrative sexual assault. (Para 17 , 24 , 25) |
| 5. conviction modified to attempt at sexual assault. (Para 26 , 27) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. A Ahmed, learned counsel for the appellant. Also heard Mr. R.J Baruah, learned Addl. Public Prosecutor for the State of Assam as well as Mr. A Dey, learned counsel for the informant/respondent No. 2.
2. This appeal u/s 389 of the Cr.P.C, 1973 is directed against the Judgment and Order dated 30.11.2021 passed by learned Special Judge (POCSO), Kokrajhar, Assam in Special Case No. 30/2018 convicting the accused/appellant u/s 6 of POCSO Act and sentencing him to undergo R.I for 10 years and also to pay a fine of Rs. 10,000/- i/d imprisonment for 1 year.
3. The case of the prosecution is that xxx, the paternal uncle of the victim, lodged an FIR alleging that on 18.06.2018, at about 3 PM, when the members of the house were away, accused Sowkat Ali gagged the mouth of victim and com
The court held that an act clearly described as attempted penetrative sexual assault, without established penetration, falls under Section 18 of the POCSO Act, with the conviction modified accordingl....
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
Prosecution must establish essential elements of charges beyond reasonable doubt; inconsistencies and lack of corroboration lead to acquittal.
The central legal point established in the judgment is the requirement for the testimony of the prosecutrix to be reliable and of a sterling quality for a conviction under the POCSO Act. The judgment....
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
Penetrative sexual assault – Child witness - though the victim was only 4 years old at the time of the incident, a child witness can also be a reliable witness. In the present case, the competency of....
The court affirms that minor victims' testimonies can be solely relied upon in sexual offence cases, provided they are credible, and clarifies that penetration into external genitalia suffices to con....
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
