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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, PRANJAL DAS
Lakhi Prasad Das, S/O Late Jogen Das – Appellant
Versus
State of Assam, Represented By P.P. Anr. Assam – Respondent
| Table of Content |
|---|
| 1. conviction under pocso act. (Para 2 , 3 , 4 , 6) |
| 2. challenge to the victim's testimony and evidence. (Para 7 , 8 , 9) |
| 3. prosecution rebuttal and the strength of evidence. (Para 10 , 11) |
| 4. victim's consistent statements detailing the assault. (Para 15 , 16 , 17) |
| 5. testimony of minor can alone suffice for conviction. (Para 29 , 31 , 32 , 33) |
| 6. conclusion affirming trial court's judgment. (Para 35 , 36 , 38) |
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. A.K. Goel, learned counsel appearing for the appellant. Also heard Mr. R.R. Kaushik, learned Addl. P.P. appearing for the State respondents and Ms. P. Saha, Legal Aid Counsel appearing for the respondent no.2.
2. This appeal has been filed against the impugned judgment dated 07.07.2022, passed by the Court of the Additional Sessions Judge-cum- Special Judge, POCSO, Sivasagar, in Special POCSO Case No. 08 of 2021, arising out of Sivasagar P.S. Case No.1488/2020, by which the appellant has been convicted under Section 6 of the POCSO Act, 2012 and under Section 376 AB IPC . He was convicted under Section 6 of POCSO Act and was sentenced to undergo rigorous imprisonment for a period of 20(twenty) years with a fine of Rs.10,00
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 use of any object for assault, even if not a body part, can constitute penetrative sexual assault under the POCSO Act, 2012. The victim's consistent testimony, medical evidence, and DNA test resu....
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 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 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 for sexual assault on a minor can rely on the sole testimony of the victim, established as credible, despite minor discrepancies in narrative and delays in reporting.
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....
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