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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MRIDUL KUMAR KALITA
Lalnunzawma Maubawk, Aizawl – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. details of the incident and victim's testimony (Para 3 , 4 , 7 , 8) |
| 2. arguments regarding inconsistencies in the victim's testimony (Para 22 , 24 , 25 , 39) |
| 3. court's view on the reliability of prosecution evidence (Para 32 , 33 , 38) |
| 4. final decision on the appellant's appeal (Para 44) |
JUDGMENT & ORDER :
MRIDUL KUMAR KALITA, J.
1) Heard Mr. Laltanpuia, learned counsel for the appellant. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor, appearing for theState respondents.
2) This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (Cr.P.C) has been filed by the appellant Lalnunzawma, impugning the Judgment dated 13.03.2024 as well as sentencing order dated 14.03.2024 passed by the Court of learned Addl. Sessions Judge, Aizawl, Mizoram in Sessions Case No. 34/2024 corresponding to All Women P.S. Case No. 6/2023, whereby, the appellant was convicted under Section 376 (1) of the Indian Penal Code ( IPC ) and was sentenced to undergo Rigorous Imprisonment for ten (10) years with a fine of Rs. 10,000/- and in default of payment of fine to undergo further Simple Imprisonment for three (3) months.
3) The facts relevant for consideration of the i
In cases of sexual assault, the victim's testimony can be the sole basis for conviction, underscoring the absence of consent as pivotal in determining guilt.
The victim's credible testimony can sustain a conviction in sexual assault cases even without corroborative medical evidence, acknowledging the victim's disability and the nature of consent.
The conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
When a full grown girl consents to act of sexual intercourse on promise of marriage and continues to indulge in such activity until she becomes pregnant, it is an act of promiscuity on her part.
In cases of sexual assault, the victim's testimony is paramount, and the mental state of the victim does not diminish the credibility of her account; corroboration is not a strict requirement if the ....
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