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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
H. Lalfamkima – Appellant
Versus
State Of Mizoram – Respondent
JUDGMENT :
PRANJAL DAS, J.
1. Heard Mr. Victor L. Ralte, learned Amicus Curiae appearing for the convict appellant. Also heard Mrs. Vanneihsiami, learned Addl. Public Prosecutor for the State of Mizoram and Mr. H. Zodinsanga, learned Legal Aid Counsel for the respondent No. 2/informant.
2. The convict appellant, Mr. H. Lalfamkima has preferred the instant criminal appeal from jail against the Judgment & Order dated 17.02.2023 passed by the learned Special Judge, FTSC POCSO Act, 2012, Champhai, Mizoram in - Sessions Case No. 81/2017 [Crl. Trial No. 769/2017], arising out of Khawzawl P.S. Case No.16/2017 - by which, he was convicted under Section 4 of the Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act, 2012) and for such conviction, the convict appellant was sentenced to undergo R.I for 7 (seven) years and imposed with a fine of Rs. 5,000/-, i.d. S.I for 1 (one) month.
3. On 21.02.2017, the informant, who is stated to be the father of the victim girl, submitted a complaint before the Khawzawl Police Station with the allegations that her 9 year old daughter was raped by the convict appellant belonging to Khawzawl Vengthar at Khawzawl Heli
The victim's credible testimony, coupled with medical evidence of injury, is sufficient for conviction under the POCSO Act despite minor contradictions in her statements.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
Penetrative sexual assault – Child witness - though the victim was only 4 years old at the time of the incident, a child witness can also be a reliable witness. In the present case, the competency of....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
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