Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, NELSON SAILO
K. Lalmuankima, S/o K. Vanthuama – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Michael Zothankhuma, J.
Heard Mrs. H. Lalmalsawmi, learned Amicus Curiae for the appellant. Also heard Mrs. Vanneihsiami, learned Addl. Public Prosecutor for the State and Mrs. Emily L. Chhangte, learned Legal Aid Counsel for the respondent No. 2.
2. This is an appeal against the impugned Judgment & Order passed by the Presiding Officer/Judge, Fast Track Special Court, Champhai in FTSC (CPI) POCSO 46/2022, arising out of Criminal Trial No. 178/2022, by which the appellant has been convicted under Section 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 20 (twenty) years with a fine of Rs.5,000/-, i/d Simple Imprisonment for 1 (one) month.
3. The learned Amicus Curiae submits that the case of the victim (10 years old) that she had been raped by the appellant, who was a full grown man appears to be doubtful, in view of the fact that the victim had stated that she did not experience pain during or after the incident of rape. Further, the victim stated in her cross-examination that there was no bleeding in her private parts after the incident of rape had occurred.
4. The learned Amicus Curiae further submits that the evidence of the male Doctor, who is PW-4,
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.
A victim's testimony can be sufficient for conviction in sexual assault cases if it is credible, even if medical evidence is inconclusive.
The court upheld the conviction for aggravated penetrative sexual assault based on the victim's credible testimony, emphasizing that minor discrepancies do not undermine the overall reliability of he....
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.
(1) Penetrative sexual assault on girl child – Evidence of approximate age of victim would not be sufficient to any conclusion about exact age of victim.(2) Medical examination of accused of rape is ....
Point of Law : Medical examination report of the victim's girl shows that there was a recent tearing of her hymen, coupled with the testimony of the victim that she was raped by the appellant.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
