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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
| Table of Content |
|---|
| 1. revision petition regarding conviction and sentencing. (Para 1 , 3) |
| 2. arguments regarding proof of age and dual punishment avoidance. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. state's counterarguments regarding the prosecution's evidence. (Para 11 , 12) |
| 4. court's analysis of age proof requirements and evidentiary standards. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. discussion on section 42 of the pocso act and applicable sentencing. (Para 22 , 23 , 24 , 25) |
| 6. final judgment regarding conviction and sentencing. (Para 26) |
| 7. conclusion and disposal of the petition. (Para 27 , 28) |
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 h
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.
In sexual assault cases involving a minor, consent is legally void. Public documents such as birth certificates and school registers are admissible as primary evidence of age under statutory presumpt....
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.
Deceased minor victim's statements on sexual assault admissible under Evidence Act S.32 if causing death; school-first certificate proves age; no dual sentence under IPC S.376 and POCSO S.4 per S.42 ....
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....
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