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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
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 Prosecutor appearing for the respondent No. 1.
2. The convict-appellant Sri Khamliana, alias Zakhamliana, has preferred the present criminal appeal against the Judgment dated 20.03.2023, by which he was convicted under Section 376 (2)(f)(l)(n) of IPC in S.R. No. 91/2018, arising out of Darlawn PS Case No. 5/2018. For such conviction, the learned Trial Court, vide Order dated 21.03.2023, sentenced him to rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/-, and in default, to undergo simple imprisonment for 2 months.
3. On 13.04.2018, Lalchhanhimi, Counsellor, One Stop Centre, Durtlang North, Social Welfare, lodged an FIR that the girl, namely ‘X’, was repeatedly raped by her stepfather, Zakhamliana, from 2016 till April 2018 at their residence. It was further stated in the FIR that the girl was mentally retarded, and the police authorities were requested to take action. On the basis of the FIR, Aizawl PS Case No. 0/2018 was registered under Se
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.
The Court established that minor contradictions in a victim's testimony should not discredit credible evidence in a rape case; corroboration is not mandatory if the victim's evidence inspires confide....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
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