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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Sajen Puma, S/o Late Haren Puma – Appellant
Versus
State Of Assam. Represented By The Public Prosecutor – Respondent
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. D. K. Bhattacharjee, learned counsel appearing for the appellant. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor appearing for the respondent No.1 and Ms. D. Ghosh, learned legal aid counsel appearing for the respondent No. 2.
2] The present appeal is directed against the judgment & order dated 18.06.2022 passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Morigaon, (hereinafter referred to as the “trial court”), in POCSO Case No. 79/2021, whereby the accused/appellant was convicted for the offence punishable under Sections 376 (3)/506 of the Indian Penal Code, 1860 (hereinafter referred to as the “ IPC ”), read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”), and sentenced to undergo rigorous imprisonment for a period of 20 (twenty) years with a fine of Rs. 20,000/-, and in default of payment of the fine, to suffer simple imprisonment for a further 6 (six) months.
3] The brief case of the prosecution is that on 15.05.2021, PW-1 lodged an F.I.R., inter alia, alleging that on 14.05.2021, the accused/appellant had enticed his 14-ye
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....
Conviction under POCSO Act affirmed based on credible victim testimony despite delay in FIR filing; the defense of impotence was rejected as unsupported.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
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....
The consistent testimony of a minor victim is sufficient to support a conviction under the POCSO Act, despite minor inconsistencies in medical evidence.
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.
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 court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
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