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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ANJAN MONI KALITA
Tap Tassar (Convict) Son of Late Tap Tei – Appellant
Versus
State of AP represented by Public Prosecutor – Respondent
JUDGMENT :
ANJAN MONI KALITA, J.
1. Heard Mr. S. Koyang, learned counsel appearing for the appellant. Also heard Ms. T. Jini, learned Addl. PP for the State respondent and Ms. J. Doji, learned counsel for the respondent No. 2 (Informant/Victim).
2. This Criminal Appeal under Section 374 (2) of the Cr.P.C., 1973 challenging the Judgment and Order dated 15.09.2023 and the Order of Sentence dated 18.09.2023 passed in Sessions Case (Z) No. 04/2022 in Raga P.S. Case No. 11/2021 under Section 376 (2)(f) of the Indian Penal Code ( IPC ) read with Section 10 /11 of the Prohibition of Child Marriage Act, 2006, whereby the accused appellant has been convicted under (2)(f) of passed by the learned Sessions Judge, Lower Subansiri /KurungKumey/ KraDaadi/ Kamle Districts, Head Quarter, Ziro, Arunachal Pradesh (hereinafter referred to as Sessions Court, Ziro) thereby the accused appellant was sentenced to undergo Rigorous Imprisonment (RI) for a term of ten (10) years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo further imprisonment for three (3) months.
3. The facts relevant for consideration in the instant Criminal Appeal, in brief, are as follows:-
(i) That on 16.
The prosecution's reliance on the victim's inconsistent testimony did not meet the evidentiary standard required for conviction, leading to the appellant's acquittal.
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
The court upheld the conviction under the POCSO Act based on strong testimonial and medical evidence, affirming that negative DNA results do not undermine the prosecution's case.
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
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