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THE GAUHATI HIGH COURT AT GUWAHATI (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI
ANJAN MONI KALITA
Babul Das, S/o Late Khagen Das – Appellant
Versus
State of Assam, represented by the Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. procedural history, establishment of pocso charges, and victim age verification. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. appreciation of eyewitness testimony and police investigation logs. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. assessment of defence witness reliability. (Para 19 , 20) |
| 4. contentions regarding evidence credibility and quantum of sentence. (Para 21 , 22 , 23 , 24 , 25) |
| 5. corroboration requirements and credibility of the victim's testimony in sexual offence cases. (Para 26 , 27 , 28 , 29 , 34 , 37 , 38) |
| 6. judicial precedent on evaluating sexual assault evidence and handling minor discrepancies. (Para 30 , 31 , 32 , 33 , 35 , 36) |
| 7. conclusion of liability under pocso act and final dismissal of appeal. (Para 39 , 40 , 41) |
JUDGMENT :
A.M. Kalita, J.
Heard Mr. D. Barua, learned counsel, appearing on behalf of the appellant. Also heard Mr. R. J. Barua, learned Addl. P.P., representing the State of Assam as well as Mr. U. Choudhury, learned Legal Aid Counsel, representing the respondent no. 2.
2. The instant appeal, filed under Section 374 of the Cr.P.C. against the Judgment and Order dated 14.07.2022, passed by Additional Sessions cum Special
In sexual assault cases, the victim's testimony is vital and can form the sole basis for conviction if it inspires confidence. Corroboration is not a strict legal requirement, and minor discrepancies....
The court affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
In a criminal case, the prosecution bears the burden of proving the guilt of the accused beyond reasonable doubt. Inconsistencies and contradictions in the prosecution's evidence may affect the relia....
The testimony of a minor victim can be sufficient for conviction under the POCSO Act if it is credible, regardless of the victim's prior sexual history.
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 conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The main legal point established in the judgment is the requirement for the testimony of the victim in sexual offence cases to be of sterling quality and supported by corroborative evidence.
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