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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
Sh. Khamliana @Zakhamliana – Appellant
Versus
State Of Mizoram – Respondent
| Table of Content |
|---|
| 1. conviction based on evidence of sexual offences. (Para 2 , 3 , 4) |
| 2. appellant's defense and prosecution arguments. (Para 5 , 6 , 7 , 8 , 9) |
| 3. victim's testimony critical in sexual assault cases. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. victim's mental disability acknowledged in evidence. (Para 20 , 21 , 22 , 23) |
| 5. medical examination supports prosecution's case. (Para 24 , 25 , 26 , 27 , 28) |
| 6. corroboration of victim by witnesses. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 7. consistency in victim's statements strengthens case. (Para 35 , 36 , 37 , 38 , 39) |
| 8. legal precedent established regarding victim credibility. (Para 40 , 41 , 42) |
| 9. judicial principles on victim testimony and crime. (Para 43 , 44 , 45 , 46) |
| 10. conclusion on conviction and reliability of evidence. (Para 47 , 48 , 49 , 50 , 51) |
| 11. affirmation of conviction and sentencing. (Para 52) |
| 12. final orders and provision for victim compensation. (Para 53 , 54 , 55) |
JUDGMENT :
PRANJAL DAS, J.
Heard Ms. Valentina Laldinpuii, learned Amicus Curiae for the appellant. Also heard Mrs. Emily L. Chhangte, learned Legal Aid Counsel for the respondent No. 2 and Mrs. Vanneihsiami, learned Addl. Public Prosecut
The victim's credible testimony can sustain a conviction in sexual assault cases even without corroborative medical evidence, acknowledging the victim's disability and the nature of consent.
In cases of sexual assault, the victim's testimony can be the sole basis for conviction, underscoring the absence of consent as pivotal in determining guilt.
The court affirmed that the victim's testimony, corroborated by medical evidence, is sufficient for conviction in rape cases, even with minor inconsistencies.
The judgment emphasizes the importance of the victim's reliable and confident statement, the significance of discrepancies, belated reporting, and lack of corroboration and support from family member....
The prosecution must prove its case beyond a reasonable doubt, and inconsistencies in the survivor's testimony led to the acquittal of the accused.
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