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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
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 sexual assault, rape and criminal intimidation on a 4 year old girl.
3. The learned Trial Court also passed the sentence order dated 01.10.2024 pursuant to the conviction of the appellant vide Judgment & Order dated 27.09.2024, sentencing him to undergo Rigorous Imprisonment for 20 years and a fine of Rs. 50,000/-, in default to undergo Simple Imprisonment for 3 months under Section 6 of the POCSO Act. The appellant was also sentenced to undergo Rigorous Imprisonment for 20 years with a fine of Rs. 50,000/, in default to und
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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