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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, RAJESH MAZUMDAR
Gopal Sah S/o Shri Laxman Shah – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. overview of appeal against pocso conviction and sentencing. (Para 1 , 2 , 3) |
| 2. parties' competing arguments regarding victim's age and legal representation. (Para 4 , 5) |
| 3. evidence summary and evidentiary basis for trial findings. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. judicial assessment of evidence and application of precedents on victim testimony. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. final appellate court order dismissing the appeal. (Para 29 , 30 , 31) |
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. A. Ahmed, learned Amicus Curiae for the appellant and Ms. B. Bhuyan, learned Addl. PP for the State. Also heard Ms. K. Phukan, learned Legal Aid Counsel for the respondent No. 2 (informant), who is also the elder sister of the appellant.
2. This appeal is against the conviction of the appellant under Section 6 of the POCSO Act, 2012 and Section 376(c) of the IPC by the Court of the Addl. Sessions Judge-cum-Special Judge, POCSO, Dibrugarh, in POCSO Case No. 17/2023, vide order dated 04.02.2023.
3. In view of Section 42 of the POCSO Act, 2012, the appellant has been sentenced to undergo 20 years rigorous imprisonment with
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 court upheld the conviction of rape under IPC despite challenges regarding the victim's age based on insufficient documentation, affirming the credibility of the victim's testimony.
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 victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
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