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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Golap Hussain S/o Late Lal Mia – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. conviction under pocso for penetrative assault. (Para 2 , 9) |
| 2. challenging conviction and asserting victim's age and consent. (Para 3 , 4 , 5 , 10) |
| 3. victim's statement under section 164 cr.p.c. and evidence of abduction. (Para 12 , 15) |
| 4. medical evidence and victim's testimony corroboration. (Para 14 , 16) |
| 5. constitutional protection against retrospective punishment. (Para 18 , 20) |
| 6. determining appropriate sentencing considering factors. (Para 22 , 23 , 26) |
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. J. Islam, learned counsel for the appellant. Also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam for the State and Mr. H. Talukdar, learned counsel for the respondent no.2.
2. The appellant has put to challenge the impugned judgment dated 13.12.2022 passed by the Court of the learned Additional Sessions-cum-Special Judge (POCSO) at Barpeta in Special POCSO Case no.101/2018, by which the appellant has been convicted under Section 4(2) of the POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs.15,000/-, in default to undergo rigorous imprisonment for an
The court ruled that the punishment must align with the law in force at the time of the offence, emphasizing that the minor's inability to consent invalidates any claims of consensual relations.
Conviction under POCSO Act modified from Section 6 to Section 10 due to evidentiary inconsistencies regarding penetration and charge alteration procedures impacting the defense.
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.
Consent immaterial for penetrative sexual assault on minor under 18; conviction upheld on unrebutted presumptions, medical/forensic evidence despite romantic claim; distinguished from marriage/progen....
The trial court's failure to specify the charge under Section 4(1) or 4(2) of the POCSO Act resulted in an improper conviction and sentence, necessitating a remand for proper proceedings.
Penetrative sexual assault – Child witness - though the victim was only 4 years old at the time of the incident, a child witness can also be a reliable witness. In the present case, the competency of....
Under protective sexual offence legislation, the consent of a minor is legally invalid. Age determination must prioritize official public documents, which are admissible without formal proof under th....
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