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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PRANJAL DAS
Nripen Rabha, S/O Habiram Rabha – Appellant
Versus
State Of Assam Rep. By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. disposal of multiple criminal appeals in one judgment (Para 1 , 2 , 3) |
| 2. overview of prosecution background and charges (Para 4 , 5) |
| 3. defense arguments regarding contradictions in victim's testimony and evidence (Para 7 , 8 , 10 , 11) |
| 4. prosecution witnesses provide consistent testimony supporting allegations (Para 14 , 17 , 18) |
| 5. court analysis validates credibility of victim's testimony (Para 34 , 36 , 39) |
| 6. dna evidence does not undermine prosecution case (Para 45 , 46) |
| 7. affirmation of conviction and sentence imposed by trial court (Para 49 , 50) |
JUDGMENT :
Pranjal Das, J.
1. Heard Mr. K. R. Patgiri and Mr. B.G. Sarma, learned counsel for the appellants. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for respondent No.1 and Dr. P. Agarwal, learned Amicus Curiae appearing for respondent No.2.
2. The three criminal appeals herein are being disposed of by this common judgment and order. All the three criminal appeals have been preferred by the respective convict appellants against the judgment dated 05-06-2024 and order of sentence dated 07-06-2024 passed by the learned Special Judge (POCSO), Kamrup, Amingaon in Special (POCSO) Case No. 25/2017,
The court upheld the conviction under the POCSO Act based on strong testimonial and medical evidence, affirming that negative DNA results do not undermine the prosecution's case.
The statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
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....
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
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