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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Bhaijan Morang, S/o- Sri Moina Morang – Appellant
Versus
State of Assam Represented by the Public Prosecutor – Respondent
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. A. Lal, learned counsel appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State respondent, and Ms. R. D. Mojumdar, learned counsel appearing for the respondent No. 2.
2] This criminal appeal is directed against the judgment and sentence dated 22.08.2024 passed by the learned Sessions Judge, Dhemaji, Assam (hereinafter referred to as the “trial court”), in Sessions Case No. 88/2017, whereby the accused/appellant was convicted under Section 341/376 of the IPC and was sentenced under of the Indian Penal Code, 1860 (hereinafter referred to as the “”) to undergo simple imprisonment for 1 (one) month and under Section 376 of the to further undergo rigorous imprisonment for 25 (twenty five) years and to pay a fine of Rs. 20,000/- (rupees twenty thousand); in default of payment of fine to undergo rigorous imprisonment for another 6 (six) months.
3] The prosecution case, in brief, is that on 24/02/2017, the victim lodged an FIR at Dhemaji Police Station alleging, inter alia, that on 23/02/2017 she arrived at Dhemaji Railway Station from Jonai by train, thereafter boarded a tempo, and got down
A criminal conviction based solely on the testimony of a victim is unsustainable when that testimony suffers from substantial material inconsistencies, lacks independent medical corroboration, and is....
A conviction for sexual assault can be sustained solely on the victim's testimony if it is found trustworthy, consistent, and credible. Mandatory corroboration is not required, and the absence of for....
Conviction for rape can be upheld solely on victim's testimony if credible; minor's status under POCSO necessitates stringent punishment.
The sole testimony of a victim in a rape case can sustain a conviction if found credible, regardless of the existence of physical evidence or corroborating witnesses.
The victim's testimony, while pivotal, requires corroboration and must inspire confidence for a conviction in cases of sexual assault, particularly amidst family disputes.
The court acquitted the appellant due to doubts regarding the victim's age and inconsistencies in the prosecution's evidence, emphasizing the principle of benefit of doubt.
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