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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, RAJESH MAZUMDAR
Ashabul Hussain, S/o. Lalchan Ali – Appellant
Versus
State of Assam, Rep. By The PP, Assam – Respondent
| Table of Content |
|---|
| 1. procedural status, facts of the case, and arguments regarding pocso charges. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. summary of trial court evidence, witness testimonies, and inconsistencies in the prosecution's narrative. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 3. court analysis regarding credibility, section 164 crpc statements, dna evidence, and witness reliability. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. failure to prove foundational facts prevents triggering the burden-shifting provisions of the pocso act. (Para 35 , 36) |
| 5. final acquittal of the appellant based on benefit of doubt. (Para 37 , 38 , 39) |
JUDGMENT :
M. Zothankhuma, J.
1. Heard Mr. A. Ahmed, learned counsel for the appellant and Ms. A. Begum, learned Addl. PP for the State.
2. The appellant has prayed for setting aside the impugned Judgement dated 09.09.2024, passed by the Special Judge (POCSO), North Salmara, Abhayapuri in Special (P) No. 13(J)/2018, by which the appellant has been convicted under Section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000/-, in default, to undergo simple
A conviction for sexual assault cannot be sustained solely on the testimony of a prosecutrix when there are material contradictions between her statement under Section 164 CrPC and her trial testimon....
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 testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
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....
The prosecution must conclusively establish the victim's age under the POCSO Act, and inconsistencies in the victim's testimony can undermine the case against the accused, warranting acquittal.
The testimony of a minor victim may suffice for conviction in sexual assault cases if it is credible and consistent, independent of corroborating evidence.
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....
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