HIGH COURT OF GAUHATI
MICHAEL ZOTHANKHUMA, PRANJAL DAS
Piyar Uddin Laskar, S/o. Amin Ahmed Laskar – Appellant
Versus
State Of Assam, Represented By PP Assam – Respondent
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 boy, aged 11 years.
3. The learned counsel for the appellant submits that the evidence of the victim (PW- 1) is not corroborated by the evidence of his two friends (PW- 3 and PW- 5). He also submits that the evidence of the Doctor (PW- 4) is to the effect that semen had been found in the anal orifice of the victim, which was not sent to the FSL for examining whether it was human semen or otherwise. In any event, the evidence of PW- 1 is to the effect that the appellant had put his penis into the mouth of PW- 1 and had inserted his finger into the anus of PW-1. As only the finger of the ap
Ganesan Vs. State represented by its Inspector of Police
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....
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.
The consistent testimony of a minor victim is sufficient for conviction in sexual assault cases, even without physical corroboration, as per the provisions of the POCSO Act.
The main legal point established in the judgment is the requirement for close scrutiny of evidence from child witnesses, the need for corroboration of their testimony, and the practical reasoning req....
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