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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MRIDUL KUMAR KALITA
F. Laltlankima Hnahlan Champhai District Mizoram – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT & ORDER :
MRIDUL KUMAR KALITA, J.
1) Heard Mr. C. Tlanthianghlima, learned Legal Aid Counsel appearing for the appellant. Also heard Ms. Mary L. Khiangte, learned Addl. Public Prosecutor, appearing for the State respondent No. 1, as well as Ms. Emily L. Chhangte, learned Legal Aid Counsel, appearing for respondent No. 2.
2) This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973, has been filed by the appellant, Sh. F. Laltlankima, impugning the Judgment & Order dated 21.01.2022, passed by the Court of learned Judge, Fast Track Special Court (Rape & POCSO Act, 2012), Champhai, in connection with FTSC (CPI), POCSO No. 30/2021, corresponding to SC No. 12/2021 and Criminal Trial No. 36 of 2021, arising out of Champhai P.S. Case No. 143/2020, whereby the present appellant was convicted under Section 10 of the POCSO Act, 2012, and was sentenced to undergo Rigorous Imprisonment of 5 years with a fine of Rs. 1,000/- and in default, to payment of fine to undergo Simple Imprisonment of another one (1) month.
3) Before we proceed to discuss the facts relevant for consideration of this appeal, it is pertinent to mention that in the meanwhile, in the month of January,
Procedural lapses do not invalidate a conviction under the POCSO Act if the testimony of minor witnesses is credible and no demonstrable prejudice occurred to the accused.
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.
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
The conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical 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.
Conviction of the appellant for attempted aggravated penetrative sexual assault upheld based on consistent testimony of the minor victim, despite charge framing errors; sentence reduced to ten years'....
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.
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