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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Md. Shah Alam S/o Md. Hanif Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Ms. B.R.A. Sultana, learned Legal Aid Counsel for the appellant and Ms. B. Bhuyan, learned Senior Counsel/Additional Public Prosecutor, Assam appearing for the State respondent.
2. This appeal is directed against the judgment and order dated 07.06.2024 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Morigaon (hereinafter referred to as the “trial court”) in POCSO Case No. 269/2023 under Section 376(3) of the Indian Penal Code (hereinafter referred to as the “IPC”), read with Section 6 of the Prevention of Children from Sexual Offences Act (hereinafter referred to as the “POCSO Act”), whereby the accused/appellant has been convicted to undergo rigorous imprisonment for 20 (twenty) years and also to pay a fine of Rs. 10,000/- (rupees ten thousand only), in default to undergo further rigorous imprisonment for 3 (three) months under Section 6 of the POCSO Act.
3. The prosecution case, as it unfolds from the F.I.R. lodged by the PW-2, i.e., the father of the victim, is that on 18.07.2023 the accused/appellant had taken his minor daughter/victim, aged about 14 years, to his house situated on the bank of the fishery behind the
Prosecution must establish essential elements of charges beyond reasonable doubt; inconsistencies and lack of corroboration lead to acquittal.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
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