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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
BUDI HABUNG, RAJESH MAZUMDAR
C. Lalremliana – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. summary of procedural history, conviction, and trial composition. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments challenging fair opportunity, delay in fir, and evidentiary assessment. (Para 9 , 10 , 11 , 12) |
| 3. prosecution arguments on victim testimony sufficiency and reverse burden of proof. (Para 13 , 14 , 15 , 16 , 17) |
| 4. requirement for courts to provide reasoned judgments considering all evidence. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. mandatory appreciation of defense witnesses and non-rejection based on bias. (Para 25 , 26 , 27) |
| 6. necessity of section 354 crpc compliance and protection against retrospective sentencing. (Para 28 , 29 , 30 , 31) |
| 7. setting aside arbitrary convictions and remanding for de novo reasoned orders. (Para 32 , 33 , 34 , 35) |
JUDGMENT :
The criminal appeal arises from the order dated 27th March 2025,passed by the Presiding Officer, Fast-Track Special Court (Rape and Protection of Children from Sexual Offence) at Aizawl, Mizoram in SCNo. 108 of 2019, corresponding to Criminal TR No. 1746 of 2019, whereby the present appellant had been convicted of having committed offences under Section 6 of the POCSO Act 2012 and was sentenced to
Procedural lapses do not invalidate a conviction under the POCSO Act if the testimony of minor witnesses is credible and no demonstrable prejudice occurred to the accused.
The court upheld the conviction for sexual assault on a minor, modifying the life sentence to 10 years based on pre-amendment provisions of the POCSO Act, while confirming the fine imposed.
Rape of girl child – It is very unlikely that a small girl of five years would have any grudge against Accused, or would concoct a false story of this nature.
The court upheld the conviction for aggravated sexual assault under the POCSO Act, emphasizing the sufficiency of evidence despite procedural claims of the defence.
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