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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ARUN DEV CHOUDHURY, PRANJAL DAS
Md. Azizur Haque, S/O. Md. Mainul Haque – Appellant
Versus
State Of Assam Rep. By The Pp – Respondent
JUDGMENT :
A.D. CHOUDHURY, J.
1. Heard Mr. V.A Chowdhury, learned counsel for the appellant. Also heard Ms. B Bhuyan, learned Public Prosecutor, Assam and Ms. S Sarma, learned Legal Aid Counsel for respondent No.2.
2. The present appeal under section 374(2) of the Code of Criminal Procedure, 1973, is preferred against the judgment and order dated 05.07.2022, passed by the learned Additional Sessions Judge, cum Special Judge, POCSO Kamrup (M) in Sessions Case No.401/2018, whereby the learned Additional Sessions Judge convicted the accused person under section 4 of Protection of Children from Sexual Offences (POCSO) Act and sentenced him to undergo Rigorous imprisonment for 20 years and to pay a fine of Rs.5,000/-, in default, simple imprisonment for another three months.
3. The prosecution case in brief is that an ejahar was lodged by the informant (PW-1) on 28.08.2018 before the O/C, Jalukbari PS, alleging that on 27.08.2018, the accused, Md. Azizul Haque sexually abused her minor daughter aged about 8 years.
4. On receipt of the Ejahar, Jalukbari PS case No.1159/2018 under section 4 of the POCSO Act, 2012, was registered. During the investigation, the IO visited the place of the occurr
The sole testimony of a child victim can form the basis of conviction in sexual assault cases, provided the testimony is credible and consistent, irrespective of corroborative evidence.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
The testimony of a victim is sufficient for conviction in sexual assault cases if consistent and credible, reinforced by supporting evidence.
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The court affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
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