Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, RAJESH MAZUMDAR
Pulak Deka S/o Late Khagen Deka – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. case background and procedural initialization of the appeal. (Para 1 , 2) |
| 2. appellant objections concerning fir admissibility and evidence evaluation. (Para 3 , 4 , 5 , 6 , 7) |
| 3. respondent's defense of prosecution case and evidence validity. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. judicial assessment of fir and preliminary legal procedures. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. review of oral and medical evidence submitted in court. (Para 23 , 24 , 25 , 26 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. applicability of pocso and standards for victim testimony. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 7. final verdict dismissing the appeal and closing proceedings. (Para 51 , 52 , 53) |
JUDGMENT & ORDER (CAV)
(M. Zothankhuma, J)
1. Heard Mr. S. Borthakur, learned Senior Counsel assisted by Mr. S. Dey, learned counsel for the appellant. Also heard Mr. R.R. Kaushik, Additional Public Prosecutor, Assam for the State and Ms. S. Sharma, learned Legal Aid Counsel for the respondent no.2.
2. This appeal has put to challenge the conviction of the appellant under Section 4 of the POCSO Act, 2012, vide the impugned judgment dated 05/07/20
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.
The testimony of a minor victim in sexual assault cases is to be treated with utmost care, affirming that penetrative sexual assault is constituted even by the slightest degree of penetration.
The victim's testimony does not require corroboration if it inspires confidence and is found to be worthy of credence. The burden is on the accused to disprove the prosecution case.
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
Conviction in sexual assault cases can be based on the sole testimony of a victim if deemed trustworthy. Delay in lodging an FIR is not fatal provided the explanation is plausible. Where evidence lea....
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
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
