Back
THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
RAJESH MAZUMDAR
Lalpekhlua Armed veng South, Aizawl – Appellant
Versus
State of Mizoram r/b the Secretary to Govt. of Mizoram, Home Dept. – Respondent
JUDGMENT & ORDER :
Rajesh Mazumdar, J.
Heard Mr. Lalpianfela Chawngthu, learned counsel for the petitioner. Also heard Ms. Vanneihsiami, Addl. P.P appearing for the State and Mr. Lalrokunga Pautu, learned counsel appearing for the respondent No.2.
2. Brief of the case as reflected from records is that the mother of the victim had lodged an FIR on 18th of October 2021 stating that her 17 year old daughter has been subject to penetrative sexual assault by the accused/appellant herein. Accordingly, All Women Police Station Case number 48 of 2021 under section 6 of the Protection of Children from Sexual Offences Act, 2012 was registered and investigated into. The statements of the informant and the alleged victim were recorded and the victim was medically examined. The pretrial statement of the victim tendered before a Judicial Magistrate was also recorded. The birth certificate of the victim was seized by the investigating authority and after making a copy of the same, the certificate was returned to the parents.
3. The recordings in the birth certificate show that the victim was born on 10.04.2004. The accused was arrested on 18th of October 2021 and subsequently released on bail on 14.1
The prosecution must establish a victim's age with credible documentation; failure to do so leads to reasonable doubt regarding charges under the POCSO Act.
The court reaffirmed that the victim's testimony is decisive in sexual offence cases, and a minor's age must be established based on consistent evidence, including oral testimonies.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
The prosecution must prove its case beyond reasonable doubt, and discrepancies in evidence can lead to acquittal in sexual assault cases.
The court emphasized the necessity of proper age determination procedures under the Juvenile Justice Act, concluding that the prosecution failed to establish the victim's age as under 18, leading to ....
The prosecution must establish the age of the victim beyond reasonable doubt in cases under the POCSO Act; failure to provide adequate evidence leads to acquittal.
Point of law: Since the appellant/accused had made the victim pregnant by his act of penetrative sexual assault the offence under Section 5(j)(ii) of the POCSO Act is also attracted and conviction of....
(1) It is only when there is penetrative sexual assault which implies sexual contact with or without consent of minor victim, that offences under POCSO Act are committed.(2) Only in absence of birth ....
The court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
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
