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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Fakrul Islam, S/O Late Siddeque Ali – Appellant
Versus
State Of Assam To Be Rep. By The P.P. – Respondent
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
Heard Mr. N. Haque, learned counsel for the appellant. Also heard Mr. D.K.Bhattacharyya, learned Amicus Curiae for the informant/respondent No. 2 and Mr. P.S. Lahkar, learned Addl. Public Prosecutor for the State.
2. This appeal is directed against a Judgment dated 08.02.2023 passed by the learned Sessions Judge, Karimganj in Special Sessions Case No. 05/2020 convicting the accused/appellant under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentencing him to suffer Rigorous Imprisonment for 10 years and also fine of Rs. 20,000/- and in default of payment of fine, further Simple Imprisonment for 6 months.
3. The prosecution case as per the FIR inter alia is that on 26.02.2018 while the informant went to her parental home by leaving her minor daughter aged about 16 years in the nearby house, the accused by taking advantage of absence of anyone at home, committed rape on her daughter. On the subsequent day while she came to know about the said incident, after returning to home she waited for a village bichar (meeting) but as no bichar was held, she lodged the FIR.
4. On receipt of the said FIR, the same was reg
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The prosecution failed to establish the case beyond reasonable doubt due to contradictions in the victim's testimony and lack of corroborative medical evidence.
The court reaffirmed that in cases of sexual assault against minors, the victim's testimony holds significant weight, and corroborative evidence is essential but not always determinative. The legal f....
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.
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
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