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2026 Supreme(Gau) 289

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


Advocates Appeared:
For the Petitioner: Mr Z. Alam, Mr. T.A. Rahman, MS. S. Nazneen, Adv.
For the Respondents: PP, Assam, Mr. M.H. Rajbarbhuiyan, Ms. S. Rasul, Mrs. R. Chetri, Ms. A. Begum, Additional Public Prosecutor.

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

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