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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, RAJESH MAZUMDAR
Dipak Nayak Dibrugarh, Assam – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. consolidation of procedural history and factual evidence. (Para 1 , 2 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. arguments regarding witness discrepancies, delay in fir, and burden of proof. (Para 3 , 4 , 5 , 6) |
| 3. judicial assessment of victim's veracity and corroborative evidentiary support. (Para 17 , 18 , 20 , 21 , 22) |
| 4. delay in fir filing is not fatal if testimony is credible. (Para 19) |
| 5. upholding trial court conviction and final judicial order. (Para 23 , 24 , 25) |
JUDGMENT & ORDER :
(M. Zothankhuma, J.)
Heard Mr. A. Sandilya, Learned Amicus Curiae, appearing for the appellant. Also heard Ms. A. Begum, Learned Addl. P.P. Assam, appearing for the State/respondent No.1 and Dr. P. Agarwal, Learned Legal Aid Counsel, appearing for the respondent No. 2 (informant).
2. This appeal has been filed by the appellant against his conviction under Section 376AB IPC and Section 6 of the POCSO Act, by the learned Sessions Judge, Dibrugarh, in POCSO Case No. 36/2020, arising out of Khowang P.S. Case No.76/2020, vide the impugned Judgment dated 11.02.2022. The appellant was subsequently sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs.3000/-, in de
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.
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.
Doctor is not an expert to say whether rape was committed or not. Non-resistance by victim at the time of penetration would not make her a consenting party.
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