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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
John Lalhruaizela, S/o Lalhmangaiha – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. procedural history and factual foundation of the sexual assault case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. detailed prosecution evidence including victim testimony and medical examination reports. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. defense evidence, accused statements under section 313 crpc, and deposition of defence witnesses. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 4. counsel arguments regarding delay, credibility, and evidentiary standards in pocso cases. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 5. evaluation of child witness credibility and admissibility of victim testimony. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48) |
| 6. final conviction order and dismissal of the criminal appeal. (Para 49 , 50 , 51 , 52 , 53 , 54) |
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Ms. H. Lalmalsawmi, the learned Amicus Curiae for the appellant. Also heard Ms. Vanneihsiami, the learned Additional Public Prosecutor for the State and Mr. Lalrokunga Pautu, learned Legal-Aid-counsel appearing for the respondent No. 2.
2. This Jail Appeal has been registered on receipt of an appeal petition submitted by the appellant, namely, John L
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 conviction under the POCSO Act was overturned due to the victim's unreliable testimony and lack of corroborative medical evidence.
The testimony of the victim in sexual assault cases must be credible and reliable; delays and contradictions can undermine a prosecution's case, leading to acquittal.
The prosecution must establish foundational facts in sexual offence cases; uncorroborated testimony of the victim alone is insufficient for conviction.
Conviction for sexual assault on a minor can rely on the sole testimony of the victim, established as credible, despite minor discrepancies in narrative and delays in reporting.
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