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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, YARENJUNGLA LONGKUMER
Kuripra Veswu, S/o. Lt. Vezepru Veswu – Appellant
Versus
State of Nagaland, Nagaland Kohima – Respondent
JUDGMENT :
M. Zothankhuma, J.
Heard Mr. A. Zho, learned counsel for the appellant. Also heard Mr. Veto V. Zhimomi, learned Public Prosecutor (P.P.), Nagaland, and Ms. Lhousino Sale, learned Legal Aid counsel for the respondent No. 2.
2. This is an appeal against the impugned Judgment & Order dated 06.09.2022 passed by the learned Special Judge, POCSO, Phek, Nagaland, in GR No. 31/2021 arising out of Women P.S. Phek Case No. 01/2021, by which the appellant has been found guilty of having committed penetrative sexual assault, sexual assault and sexual harassment under Section 4, 8 and 11 of the POCSO Act and also under Section 354 IPC. The learned Trial Court thereafter sentenced the appellant to undergo rigorous imprisonment for a period of 20 (twenty) years with a fine of Rs. 5,000/- (Rupees Five Thousand), in default to undergo simple imprisonment for the term of one year under Section 4 of the POCSO Act. The appellant was also sentenced to undergo rigorous imprisonment for 3 (three) years with a fine of Rs. 1,000/- (Rupees One Thousand), in default simple imprisonment for 6 (six) months under Section 8 of the POCSO Act. The appellant was also sentenced to undergo imprisonment for a
A conviction for penetrative sexual assault requires clear and corroborative evidence of penetration, which was not established in this case; however, the appellant was guilty of sexual harassment un....
Penetrative sexual assault – Child witness - though the victim was only 4 years old at the time of the incident, a child witness can also be a reliable witness. In the present case, the competency of....
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
Minor contradictions in the victim's statement do not make her testimony unreliable, and the absence of injuries on the victim's private parts does not negate the commission of penetrative sexual ass....
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The conviction under the POCSO Act cannot stand due to significant inconsistencies and lack of corroboration in the victim's testimony and other prosecution witnesses, raising doubts about the appell....
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