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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MITALI THAKURIA
Romawia Lungvar Veng Khawzawl – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. Lalfakwama, learned Amicus Curiae for the appellant and Ms. Linda L Fambawl, learned PP, Mizoram for the respondent No.1. Also heard Mr. H. Zodingsanga, learned Legal Aid Counsel for the respondent No.2/informant.
2. This criminal appeal has been preferred by the convict Romawia through the Special Superintendent, District Jail, Champhai under Section 374 CrPC assailing his conviction and sentence awarded to him by the learned Fast Tract Special Court (Rape and POCSO Act, 2012), Champhai vide judgment dated 30.03.2023 passed in Criminal Trial No. 217/2022 for the offence under Section 4 of the POCSO Act, 2012.
3. As per the judgment the accused appellant is convicted under Section 4 of the POCSO Act and thereby sentenced to undergo R.I. for 10 (ten) years along with fine of Rs.2000/-, in default S.I. for 15 (fifteen) days.
4. Aggrieved with the judgment passed by the learned Fast Tract Special Court, Champhai, Mizoram, this appeal from jail has been preferred through the Superintendent, District Jail, Champhai.
5. The brief facts of the case is that on 25.07.2022 an FIR was lodged by the father of the victim before the Officer-in-Charge of Khawzaw
The conviction can be supported solely based on the credible testimony of the victim, especially when medical evidence is used to ascertain age in the absence of documents.
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
The prosecution must prove foundational facts beyond reasonable doubt; reliance solely on the victim's testimony is insufficient if unsupported by corroborative evidence.
Rule 12 is strictly applicable only to determine age of a child in conflict with law.
The conviction of the appellant was quashed due to insufficient and inconsistent evidence, demonstrating the necessity for reliable testimonies in criminal cases, especially under sexual offence laws....
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
Conviction under POCSO Act can be based solely on the credible testimony of the victim, with sensitivity to delays in filing FIR due to trauma.
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
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