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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, PRANJAL DAS
Lakhi Prasad Das, S/O Late Jogen Das – Appellant
Versus
State of Assam Represented By P.P. – Respondent
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. A.K. Goel, learned counsel appearing for the appellant. Also heard Mr. R.R. Kaushik, learned Addl. P.P. appearing for the State respondents and Ms. P. Saha, Legal Aid Counsel appearing for the respondent no.2.
2. This appeal has been filed against the impugned judgment dated 07.07.2022, passed by the Court of the Additional Sessions Judge-cum- Special Judge, POCSO, Sivasagar, in Special POCSO Case No. 08 of 2021, arising out of Sivasagar P.S. Case No.1488/2020, by which the appellant has been convicted under Section 6 of the POCSO Act, 2012 and under Section 376 AB IPC . He was convicted under Section 6 of POCSO Act and was sentenced to undergo rigorous imprisonment for a period of 20(twenty) years with a fine of Rs.10,000/-, in default to undergo R.I. for a period of 6(six) months.
3. The prosecution case, in brief, is that an FIR dated 21.12.2020 was submitted by the informant (PW-1), who is the mother of the victim girl, aged about 9 years. The FIR which had been submitted to the Officer-in- Charge of the Sivasagar police station stated that the informant’s daughter (victim), returned home after receiving tuition near their home and wen
The consistent testimony of a minor victim is sufficient for conviction in sexual assault cases, even without physical corroboration, as per the provisions of the POCSO Act.
The testimony of a minor victim may suffice for conviction in sexual assault cases if it is credible and consistent, independent of corroborating evidence.
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 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.
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 competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
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