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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Madhurjya Hazarika S/O Late Deep Hazarika – Appellant
Versus
State Of Assam, Rep. By The Learned P.P. Assam – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges against the appellant. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. victim's testimony regarding the events leading to the allegation. (Para 8 , 9 , 10 , 11 , 12 , 14) |
| 3. investigative procedures and evidences collected. (Para 13 , 15 , 16 , 17 , 18) |
| 4. court's observations on the reliability and credibility of witness testimonies. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. consideration of the victim's age and consent in the context of the law. (Para 28 , 29 , 30) |
| 6. final decision and dismissal of the appeal. (Para 31 , 32 , 33) |
Judgment :
1.Heard Dr. B.N. Gogoi, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Advocate and Additional Public Prosecutor, Assam assisted by Ms. J. Saikia, learned counsel for the respondent no.1 and Ms. M. Barman, learned Legal Aid Counsel for the respondent no.2, who is the informant (mother of the victim).
3. The prosecution case in brief is that an FIR dated 18.03.2022 was submitted by the Prosecution Witness (PW) No.2, who is the mother of the victim to the Officer-in-Charge, Sivasagar Police Station, stating that her daughter had left their home at around 01:00 p.m. on Friday, i.e. 1
A minor's consent is immaterial in sexual offences; the victim's credible testimony establishes guilt beyond reasonable doubt.
The testimony of a minor victim can be sufficient for conviction under the POCSO Act if it is credible, regardless of the victim's prior sexual history.
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.
The testimony of a minor victim may suffice for conviction in sexual assault cases if it is credible and consistent, independent of corroborating evidence.
The consistent testimony of a minor victim is sufficient for conviction in sexual assault cases, even without physical corroboration, as per the provisions of the POCSO Act.
A conviction under the POCSO Act cannot stand if the victim's testimony contains significant inconsistencies regarding material facts, undermining the credibility of the prosecution's case.
The prosecution failed to establish the case beyond reasonable doubt due to contradictions in the victim's testimony and lack of corroborative medical evidence.
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.
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....
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