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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA
Sh. Malsawmkima, S/o. H.T. Rohluna – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing of the appellant. (Para 2 , 3) |
| 2. contradictions and discrepancies in witness testimonies. (Para 4 , 5 , 6 , 7) |
| 3. details of the alleged incident provided in the fir. (Para 10 , 11) |
| 4. testimonies of the victim and mother regarding the incident. (Para 15 , 18 , 19) |
| 5. legal precedents on evidentiary standards and child testimonies. (Para 30 , 32 , 34) |
| 6. reliability of testimony despite delays in fir filing. (Para 43 , 44 , 49) |
| 7. final decision to dismiss the appeal. (Para 50 , 51) |
JUDGMENT :
MICHAEL ZOTHANKHUMA, CJ.
Heard Ms. Lalngaihsaki Fanai, learned Amicus Curiae for the appellant. Also heard Mrs. Mary L Khiangte, learned Addl. Public Prosecutor for the State of Mizoram, and Mr. Lalrokunga Pautu, Legal Aid Counsel appearing for the respondent No. 2.
2. This is an appeal against the impugned Judgment and order dated 27.09.2024 passed by a Special Judge, POCSO, Aizawl in S.C Case No. 105/2022 arising out of Crl. Tr. No. 1237/2022, pertaining to Saitual P.S Case No. 18/2022, by which the appellant was convicted under Section 6 of the POCSO Act read with Section 376 AB and Section 506 IPC for committing the offence of aggravated penetrative se
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.
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.
The main legal point established in the judgment is the requirement for close scrutiny of evidence from child witnesses, the need for corroboration of their testimony, and the practical reasoning req....
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.
The court upheld the conviction for aggravated penetrative sexual assault based on the victim's credible testimony, emphasizing that minor discrepancies do not undermine the overall reliability of he....
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.
Conviction of the appellant for attempted aggravated penetrative sexual assault upheld based on consistent testimony of the minor victim, despite charge framing errors; sentence reduced to ten years'....
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
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