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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
Jehirul Islam, S/o. Moor Islam @ Nur Islam – Appellant
Versus
State Of Assam Rep. By the Pp, Assam – Respondent
| Table of Content |
|---|
| 1. overview of prosecution case and trial procedural history. (Para 1 , 2 , 3 , 4) |
| 2. presentation and review of parties' arguments and contentions. (Para 5 , 6 , 7 , 8) |
| 3. assessment of witness credibility and evidential consistency. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. evaluating corroboration and testing against judicial precedents. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 5. judicial definition and interpretation of sexual assault. (Para 39 , 40 , 41) |
| 6. final confirmation of conviction and sentencing order. (Para 42 , 43 , 44 , 45 , 46) |
JUDGMENT :
PRANJAL DAS, J.
Heard Mr. M.U Mahmud, learned counsel for the convict/appellant. Also heard Mr. B. Sharma, learned Additional Public prosecutor for the State and Ms. T. Parashar, learned Amicus Curiae for the respondent No. 2/informant.
2. The instant criminal appeal has been preferred by the convict/ appellant, Md. Jehirul Islam against the judgment & order dated 03/08/2024 passed by the learned Special Judge (POCSO), Morigaon in POCSO Case No. 15 of 2018, whereby the appellant as accused was convicted under sections 354/341 IPC, read with Se
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The court upheld the conviction under the POCSO Act based on strong testimonial and medical evidence, affirming that negative DNA results do not undermine the prosecution's case.
Inconsistent testimony and delay in formal accusations led to acquittal; simply slapping does not equate to outraging modesty under law.
The prosecution's case can be established through circumstantial evidence and witness demeanor despite inconsistencies in testimonies regarding identification, affirming the conviction under relevant....
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
A prosecutrix's credible testimony can be sufficient for conviction in sexual assault cases even without corroboration, provided it is reliable and consistent.
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....
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