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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, MRIDUL KUMAR KALITA
Md. Nasir Ali @ Nasiruddin Ahmed, S/o. Md. Rafik Ali – Appellant
Versus
State of Assam, Rep. By The P.P., Assam – Respondent
JUDGMENT :
(Mridul Kumar Kalita, J.)
1. Heard Mr. A. Ahmed, the learned counsel for the appellant. Also heard Ms. B. Bhuyan, the learned Additional Public Prosecutor appearing for the State of Assam.
2. This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, has been filed by the appellant, Md. Nasir Ali @ Nasiruddin Ahmed impugning the judgment and order dated 31.08.2019 passed by the Court of the learned Special Judge, Nalbari, in the Special (P) Case No. 1/2015, whereby the appellant was convicted under Section 376(2)(i) of the Indian Penal Code and Section 4 of POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for life under Section 376(2)(i) of the Indian Penal Code only in view of the provision of Section 42 of the POCSO Act, 2012.
3. The facts relevant for the adjudication of the instant appeal, in brief, are as follows:-
(i) On 21.08.2013, the informant Ms. Mina Bibi had lodged an FIR before the Officer-in-charge of the Nalbari Police Station, inter alia, alleging that on 20.08.2013, at about 5:00 PM, when she was transplanting paddy seedlings in the paddy field, the daughter (victim) of the first informant, who was aged about 12
The statement of a deceased victim recorded under Section 164 CrPC is not substantive evidence and cannot solely support a conviction; the prosecution must prove the victim's age and provide corrobor....
The prosecution must establish foundational facts in sexual offence cases; uncorroborated testimony of the victim alone is insufficient for conviction.
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 conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
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