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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
YARENJUNGLA LONGKUMER
Darhu Pao, S/o. Shri R.K. Kaba – Appellant
Versus
State Of Nagaland, Nagaland Kohima – Respondent
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
The instant revision petition under Section 438 R/W Section 442 of the BNSS has been preferred by the petitioner who is the biological brother of the accused praying for quashing and setting aside the judgment dated 05.06.2025 passed in GR.75/2021 corresponding to Kohima Women P.S Case No.09/2021 by which the accused person was convicted under Section 354 A(1)(i) IPC and Section 8 of the POCSO Act by the Special Judge, POCSO Kohima. The petitioner is also challenging the sentence order dated 02.07.2025 passed by the Special Judge, POCSO, Kohima, Nagaland.
2. I have heard the learned counsel for the petitioner Mr. Alezo Kire as well as Mr. V. Zhimomi, learned P.P and Mr. Sentiyanger, Legal Aid counsel for the respondent No.2.
3. The case of the petitioner is that on 01.07.2021 an FIR was lodged at the Women P.S Kohima by the respondent No.2/mother of the victim to the effect that her daughter was molested and raped at AG colony by the accused person when she went for nature’s call at around 1.30 to 2.00 PM at AG colony Kohima. The Officer-in-Charge of the Women PS registered the case as Women P.S Case.NO.009/2021 u/s 354(A) (1)(i)/376 (2)(i) IPC R/
The prosecution must provide verifiable evidence to establish a victim's age when charging under the POCSO Act, as mere testimony is insufficient to prove minority.
The court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
The court reaffirmed that the victim's testimony is decisive in sexual offence cases, and a minor's age must be established based on consistent evidence, including oral testimonies.
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
The court upheld the conviction under the POCSO Act, affirming that consent is irrelevant when the victim is a minor, and established the victim's age as 16 years through credible evidence.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
The court established that the burden of proving a victim's age lies with the prosecution, and the absence of reliable evidence necessitates giving the benefit of doubt to the accused.
Point of law: Since the appellant/accused had made the victim pregnant by his act of penetrative sexual assault the offence under Section 5(j)(ii) of the POCSO Act is also attracted and conviction of....
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