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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
ASHUTOSH KUMAR, MICHAEL ZOTHANKHUMA
Sh. P. Lalhmachhuana, S/o Zothangpuia – Appellant
Versus
State Of Mizoram – Respondent
JUDGMENT :
Michael Zothankhuma, J.
1. Heard Mrs. H. Lalmalsawmi, learned Amicus Curiae for the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State and Mr. Lalrokunga Pautu, learned Legal Aid Counsel for the respondent No. 2.
2. This is an appeal against the impugned Judgment & Order dated 27.06.2023 passed by the Special Court, POCSO, Lunglei in Criminal Trial No. 87/2022, by which the appellant has been convicted under Section 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for a period of 20 (twenty) years and to pay a fine of Rs. 5,000/-, i/d Simple Imprisonment for 1 (one) month for having sexual intercourse with the 12 year old minor girl.
3. The prosecution case in brief is that an FIR dated 30.01.2022 was submitted by PW-1 stating that her grand-daughter (12 year old) had told her on the night of 29.01.2022 that her step-father (appellant) had sexual intercourse with her ever since she was 11 years old at their house in Lunglei Salem Veng. She therefore prayed to take action against the appellant.
4. In pursuance to the FIR, All Women Police Station Case No. 0/2022 dated 30.01.2022 was registered under Section 6 of the PO
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.
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
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.
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.
The conviction of the appellant was quashed due to insufficient and inconsistent evidence, demonstrating the necessity for reliable testimonies in criminal cases, especially under sexual offence laws....
The sole testimony of a minor victim is sufficient for conviction in sexual assault cases under the POCSO Act if credible, regardless of the delay in filing the FIR.
Testimony of a victim in sexual assault cases holds significant weight, often sufficient for conviction, especially when bolstered by medical evidence, dismissing concerns over FIR filing delays.
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