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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
| Table of Content |
|---|
| 1. factual basis of the case and conviction (Para 2 , 4 , 5 , 6) |
| 2. arguments against the conviction and evidentiary issues (Para 19 , 20 , 21 , 22 , 23) |
| 3. state arguments supporting conviction (Para 24 , 25 , 26 , 28) |
| 4. court's observations on trial and evidence consideration (Para 29 , 30 , 31 , 32) |
| 5. legal reasoning and judgments on evidentiary issues (Para 39 , 40 , 42) |
| 6. final judgment and order (Para 44 , 45) |
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/
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.
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