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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Rajat Rabha, S/o. Late Uzana Rabha @ Hile Rabha – Appellant
Versus
State Of Assam, Rep. By The P.P., Assam – Respondent
JUDGMENT :
K. GOSWAMI, J.
Heard Mr. J Kalita, learned counsel for the accused appellant. Also heard Mr. R R Kaushik, learned Additional Public Prosecutor, Assam for the State as well as Mr. A Tewari, learned Amicus Curiae for the respondent No. 2.
2. This appeal is directed against the judgment and order dated 27.03.2023 passed by the learned Special Judge (POCSO), Baksa, Mushalpur in Special POCSO Case No. 7/2021 arising out of Barama P.S. Case No. 39/2021 under Section 376(3) IPC read with Section 6 of the POCSO Act, whereby the accused appellant has been convicted to undergo rigorous imprisonment for life, which shall mean for the remainder of the natural life of the said convict and to pay a fine of Rs. 20,000/-, in default to undergo R.I. for 1 year under of the POCSO Act.
3. The brief facts of the prosecution case are that PW-1 lodged an FIR on 05.05.2021 alleging, inter alia, that around 6-7 months back the accused/appellant forcibly committed rape on his 15 year old daughter, i.e., victim-x, in absence of other members at home, resulting in her pregnancy. It is further alleged by the prosecution that upon learning about the entire incident from the victim-x, he lodged the
Conviction under POCSO Act affirmed based on credible victim testimony despite delay in FIR filing; the defense of impotence was rejected as unsupported.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The victim's testimony in sexual assault cases is vital and reliable, and delay in lodging the FIR is not fatal to the prosecution's case.
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.
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
The conviction of the appellant was quashed due to insufficient and inconsistent evidence, demonstrating the necessity for reliable testimonies in criminal cases, especially under sexual offence laws....
The prosecution must prove foundational facts beyond reasonable doubt; reliance solely on the victim's testimony is insufficient if unsupported by corroborative evidence.
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