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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Nepal Roy, S/o. Late Ketaki Roy – Appellant
Versus
State of Assam, To Be Rep. By The P.P. Assam – Respondent
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. L.R. Mazumder, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor, Assam for the State and Mr. A. Tiwari, learned Amicus Curiae for the respondent no.2
2. This appeal has been filed against the impugned judgment dated 26.05.2023 passed by the learned Court of the Additional Sessions Judge (Special Judge POCSO), Cachar, Silchar in Special (POCSO) Case no.14/2022, by which the appellant has been convicted under Section 6 of the POCSO Act read with Section 376(3) IPC. The appellant was however acquitted under the charge framed against him under Section 366 IPC. The appellant was thereafter sentenced under Section 6 of the POCSO Act, to undergo rigorous imprisonment for 20 years with a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for 2 months.
3. The facts of the case in brief is that the Prosecution Witness (PW) No.2 submitted an FIR dated 07.11.2021 with the In-charge, Rangirkhari T.O.P stating that on 04.11.2021, her daughter (victim) went to a Pulao shop located at Kathal Road where the appellant was the owner of the shop. The appellant kidnapped her minor dau
A conviction under the POCSO Act cannot stand if the victim's testimony contains significant inconsistencies regarding material facts, undermining the credibility of the prosecution's case.
The testimony of a minor victim can be sufficient for conviction under the POCSO Act if it is credible, regardless of the victim's prior sexual history.
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
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....
A minor's consent is immaterial in sexual offences; the victim's credible testimony establishes guilt beyond reasonable doubt.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
The conviction under Section 6 of the POCSO Act was overturned due to discrepancies in the victim's testimony and lack of evidence proving the appellant's direct involvement in the alleged acts.
Conviction of the appellant for attempted aggravated penetrative sexual assault upheld based on consistent testimony of the minor victim, despite charge framing errors; sentence reduced to ten years'....
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
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