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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MARLI VANKUNG, MRIDUL KUMAR KALITA
Zonunmawii, Zuangtui, Aizawl – Appellant
Versus
State of Mizoram, r/b the Secretary to Govt. of Mizoram, Home Dept. – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
1) Heard Mr. Zoramchhana, learned counsel for the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor, as well as Mr. H. Zodinsanga, learned Legal Aid Counsel, appearing for the respondent No. 2.
2) This appeal under Section 415 of BNSS, 2023, has been preferred by the appellant Smt. Zonunmawii, impugning the Judgment dated 17.02.2025 as well as order of Sentence dated 27.02.2025 passed by the Court of learned Special Judge, POCSO Act, Aizawl Judicial District, Aizawl, in Sessions Case No. 82/2022, in connection with Criminal Trial No. 626/2020, corresponding to All Women P.S. Case No. 14/2022, whereby the appellant was convicted and sentenced under Section 4(1)/5(1)(a) of the Immoral Traffic (Prevention) Act, 1956, read with Section 6/16 of the POCSO Act, 2012 and Section 376/109 of the Indian Penal Code.
3) The facts relevant for consideration of the instant appeal, in brief, are that on 17.03.2022, one Smt. K. Lalrinsiami, Social Worker, District Child Protection Unit, Aizawl, had lodged an FIR before the Officer-in-Charge of All Women P.S., Aizawl, inter alia, alleging that, on 17.03.2022, at about 04:00 pm, she received a
The court affirmed convictions for human trafficking and sexual offences against a minor, ruling that the trial was fair despite minor procedural errors, emphasized the gravity of abetting prostituti....
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.
The court upheld the conviction under the POCSO Act, emphasizing the victim's age and the reliability of her testimony despite minor inconsistencies.
The prosecution must establish foundational facts in sexual offence cases; uncorroborated testimony of the victim alone is insufficient for conviction.
The prosecution's case can be established through circumstantial evidence and witness demeanor despite inconsistencies in testimonies regarding identification, affirming the conviction under relevant....
The prosecution must prove foundational facts in cases under the POCSO Act, and the victim's testimony must be reliable and corroborated to support a conviction.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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