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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Ritu Bordoloi, S/o. Kameswar Bordoloi – Appellant
Versus
State Of Assam, Represented By The Public Prosecutor, Assam – Respondent
| Table of Content |
|---|
| 1. overview of the fir, prosecution, and sentencing background. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties' arguments regarding reliability of testimony and age proof. (Para 7 , 8 , 9 , 10 , 11) |
| 3. evaluation of prosecution evidence, victim consistency, and medical findings. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 38 , 39 , 40 , 41 , 42 , 43) |
| 4. criteria and legal standard for a sterling witness in sexual offense cases. (Para 26 , 27 , 28 , 46) |
| 5. determination that primary testimony is unreliable, rendering age secondary. (Para 37 , 44 , 45 , 47 , 48 , 49) |
| 6. formal acquittal and final order of the court. (Para 50 , 51 , 52) |
Judgment :
Pranjal Das, J.
Heard Shri B. Konwar, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Advocate and Additional Public Prosecutor, Assam assisted by Ms. R. Saloi, and Shri B. Prasad, learned Amicus Curiae for the respondent no. 2.
2. The instant criminal appeal has been filed under section 415 (2) of the BNSS, 2023 by the convict appellant, Ritu Bordoloi @ Rituparna Bordoloi, against the Judgment and Order dated 22.08.2024 passed by the learned
In sexual offence cases, a conviction based solely on the victim's testimony requires that the evidence possess 'sterling quality'—being inherently consistent, free from material contradictions, and ....
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
It is a settled law that victim of a sexual assault is not treated as accomplish and as such her evidence does not require corroboration from any other evidence if her sole testimony inspires confide....
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The prosecution failed to establish the victim's age as a child under the POCSO Act, leading to the quashing of the conviction due to insufficient evidence and credibility issues.
(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 ....
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