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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Md Akter Khan @ Bapon Khan S/O Kayem Khan – Appellant
Versus
State Of Assam, Rep. By the P.P., Assam – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. J. Laskar, the learned counsel for the appellant. Also heard Ms. B. Bhuyan, the learned Additional Public Prosecutor for the State and Ms. S. Sharma, the learned Amicus Curiae for respondent no. 3.
2. The appellant has put to challenge the impugned judgment dated 23.02.2023 passed by the Special Judge, Dima Hasao, Haflong in Sessions Special Case No. 08 of 2019, by which the appellant was convicted u/s 376 IPC read with Section 4 of the POCSO Act. The sentence was however given u/s 376(1) in terms of Section 4 2 of the POCSO Act, wherein the appellant was sentenced to undergo Rigorous Imprisonment for 15 years with a fine of Rs. 50,000/-, in default Simple Imprisonment for 1 year.
3. The learned counsel for the appellant submits that the appellant could not have been convicted u/s 4 of the POCSO Act, 2012, inasmuch as, the age of the victim could not have been determined by the learned Trial Court, on the basis of a School Leaving Certificate. He also submits that there being no marks of violence or injury on the victim in terms of the Medical Report and the evidence of the doctor, the same clearly proved the fact that no rape had occ
The court upheld the conviction of rape under IPC despite challenges regarding the victim's age based on insufficient documentation, affirming the credibility of the victim's testimony.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
The central legal point established in the judgment is that in cases involving minors, the credibility of the victim's testimony holds significant weight, and corroboration may not always be necessar....
The prosecution must prove foundational facts, including the victim's age, beyond reasonable doubt, even under statutory presumptions of the POCSO Act.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
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