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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
| Table of Content |
|---|
| 1. introduction of the case and parties involved. (Para 1 , 2) |
| 2. factual background of the case and initial complaint. (Para 3 , 4 , 5) |
| 3. evidence from prosecution witnesses detailing the alleged crime. (Para 10 , 11 , 12) |
| 4. arguments by the appellant's counsel regarding procedural errors. (Para 43 , 44 , 45 , 46) |
| 5. court's assessment of the trial court's handling of charges. (Para 56 , 57 , 58) |
| 6. final decision and dismissal of the appeal. (Para 66 , 67 , 68) |
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 Secti
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.
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