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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, YARENJUNGLA LONGKUMER
Fulbabu Ray S/o Shri. Sarjan Ray – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT & ORDER :
(Y.Longkumer, J.)
The instant appeal under Section 374 of the Criminal Procedure Code, 1973 has been preferred by the appellant assailing the impugned judgment dated 22.10.2021 passed by the learned Special Judge (FTSC), Dimapur, Nagaland in G.R. 537/2017 arising out of Women P.S Case No.65/2017 by which the appellant was convicted under Section 4 and 12 of the POCSO Act for 15 years with a fine of Rs. 30,000/- and in default to undergo 1 year rigorous imprisonment.
2. I have heard learned counsel for the appellant, Mr. Sentiyanger and learned Public Prosecutor, Ms. S. Mere as well as Mr. Pfosekho Pfotte, learned Amicus Curiae for the respondent No.2.
3. The facts leading to the conviction of the present appellant is that on 01.08.2017 an FIR was lodged by the father of the victim before the women P.S, Dimapur, Nagaland stating that his daughter, 12 years of age had been raped by the appellant. A case was registered under Section 354/376 (2) (i) IPC r/w Section 4 and 12 of the POCSO Act. Thereafter, charge sheet was submitted on 23.09.2017 and charges were framed against the appellant/accused to which he pleaded not guilty. Thereafter, the trial proceeded and after h
The court ruled that without credible evidence or reliable testimony, suspicion alone cannot support a conviction under the POCSO Act.
The presumption of guilt in sexual offences under POCSO relies on proven foundational facts; mere suspicion is insufficient for conviction.
Gang rape of minor girl – In ord1er to prove offence under Section 376 of IPC and Section 6 of POCSO Act, medical evidence plays crucial and important role.
The main legal point established in the judgment is the reliance on the victim's unshaken testimony, the presumption of guilt under Section 29 of the POCSO Act, and the impact of the amendment to Sec....
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The testimony of a minor victim in sexual assault cases holds significant evidentiary weight and can lead to conviction without corroboration if credible.
The need for corroboration of evidence, especially in cases involving child witnesses, and the rebuttable nature of the presumption under Section 29 of the POCSO Act.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
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