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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Bishnu Kishko Udalguri, Assam – Appellant
Versus
State Of Assam Rep. By Pp, Assam – Respondent
| Table of Content |
|---|
| 1. case background including fir and charges. (Para 2 , 6 , 7 , 8) |
| 2. arguments on the validity of the victim's testimony. (Para 3 , 4 , 11 , 15) |
| 3. lack of substantive evidence against the appellant. (Para 9 , 10 , 12 , 13 , 14) |
| 4. legal standard regarding section 164 cr.p.c statements. (Para 16 , 17) |
| 5. final judgment and order for acquittal. (Para 18 , 19 , 20) |
JUDGMENT :
Michael Zothankhuma, J.
1. Heard Mr. B.J. Talukdar, learned Senior Counsel appearing as Amicus Curiae for the appellant assisted by Mr. P.K. Medhi. Also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam for the State respondent.
2. This appeal is against the impugned judgment dated 21.01.2021 passed by the Special Judge, Udalguri, in Special POCSO Case No.41/2019 arising out of Orang P.S. Case No.70/2019, by which the appellant has been convicted under Section 376 (2)(f) of IPC and sentenced to undergo rigorous imprisonment for life, with a fine of Rs.5,000/-, in default simple imprisonment for 3 (three) months.
3. The appellant’s counsel submits that the appellant has been convicted by the learned Trial Court only on the basis of the statement made by the victim girl in her 164 Cr.P.C sta
Conviction under POCSO can only rely on substantive evidence; retracted statements are insufficient for proving guilt.
Statements made under Section 164 Cr.P.C. are not substantive evidence and cannot alone support a conviction, especially when retracted by the victim.
A conviction for sexual assault cannot be sustained solely on the testimony of a prosecutrix when there are material contradictions between her statement under Section 164 CrPC and her trial testimon....
Conviction under POCSO Act modified from Section 6 to Section 10 due to evidentiary inconsistencies regarding penetration and charge alteration procedures impacting the defense.
Point of Law : Medical examination report of the victim's girl shows that there was a recent tearing of her hymen, coupled with the testimony of the victim that she was raped by the appellant.
Conviction under POCSO Act cannot be sustained on the basis of unreliable witness testimonies, especially when witnesses turn hostile and fail to corroborate the prosecution's case.
The statement of a deceased victim recorded under Section 164 CrPC is not substantive evidence and cannot solely support a conviction; the prosecution must prove the victim's age and provide corrobor....
Credible victim testimony can support conviction, but prosecution must prove guilt beyond a reasonable doubt, which requires clear evidence not based on conjectures.
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