Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, PRANJAL DAS
Piyar Uddin Laskar, S/o. Amin Ahmed Laskar – Appellant
Versus
State Of Assam, Represented By PP Assam – Respondent
| Table of Content |
|---|
| 1. overview of the case and initial fir details (Para 2 , 7 , 8) |
| 2. arguments regarding evidentiary inconsistencies (Para 3 , 4 , 5) |
| 3. testimonies of the victim and witnesses (Para 10 , 11 , 12 , 13) |
| 4. inconsistencies in testimonies and statements under section 164 crpc (Para 14 , 16 , 17 , 18 , 19) |
| 5. judicial standards and burden of proof in sexual assault cases (Para 20 , 21 , 25) |
| 6. legal precedents on child testimonies in sexual assault cases (Para 22 , 23 , 24) |
| 7. final observations leading to acquittal (Para 26 , 29) |
| 8. order for release and case closure (Para 30 , 31) |
JUDGMENT :
M. Zothankhuma, J.
Heard Mr. Z. Alam, learned counsel for the appellant. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State and Mr. M.H. Rajbarbhuiyan, learned counsel for the respondent No. 2.
2. This appeal is against the impugned judgment dated 07-04-2022, passed by the learned Special Judge, Hailakandi in Special (POCSO) Case No. 12 of 2018, arising out of Lala P.S. Case No. 212 of 2018, by which the appellant has been convicted under Section 4 of POCSO Act 2012, r/w Section 377 IPC , for having committed an offence of penetrative sexual assault upon the victim b
The conviction under the POCSO Act cannot stand due to significant inconsistencies and lack of corroboration in the victim's testimony and other prosecution witnesses, raising doubts about the appell....
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.
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.
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.
A conviction for penetrative sexual assault requires clear and corroborative evidence of penetration, which was not established in this case; however, the appellant was guilty of sexual harassment un....
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....
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The testimony of a child victim can suffice for conviction in sexual assault cases, even without corroboration, provided it is credible and trustworthy.
The testimony of a minor victim may suffice for conviction in sexual assault cases if it is credible and consistent, independent of corroborating evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
