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SANJIB BANERJEE, W. DIENGDOH
Swill Lhuid – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Sanjib Banerjee; CJ. - The appellant has been convicted under Section 5(m) of the Protection of Children from Sexual Offences Act, 2012 and sentenced to 15 years' rigorous imprisonment and a fine of Rs.10,000/-. In default in payment of the fine, the appellant is to undergo simple imprisonment for a further three months.
2. The judgment of conviction was passed on April 28, 2022 and the sentence was pronounced later on the same day.
3. The first information report in this case was lodged by the mother of the survivor. The mother claimed in the complaint that the appellant herein had raped her daughter who was seven and a half years old. The FIR lodged on March 4, 2018 claimed that the incident took place on March 2, 2018.
4. Prior to the lodging of the complaint, the girl child was taken to the district hospital at Ialong for medical examination. The report reveals that she was brought to the hospital at 4:30 pm on March 3, 2018 by her mother, aunt and another. The mother recorded in her statement given to the medical examiner that a 10-year-old neighbour informed the mother of the survivor that he saw the appellant was with the girl in the jungle near her residence. Upon bein
The significance of credible testimony, medical evidence, and contradictions in the accused's statements in establishing guilt for sexual offenses against minors.
The central legal point established in the judgment is the reliance on the survivor's trustworthy statement and the medical examiner's opinion to uphold the conviction for penetrative sexual assault.
The credibility of the victim's allegations, the principle that discrepancies in details do not undermine the basic story, and the importance of the victim's testimony in the absence of corroborative....
The torn hymen as evidence of sexual assault, the credibility of the victim's allegations, and the failure of the accused to provide a defense or justify naming an alternative offender were central l....
Allegation of survivor of sexual abuse is to be taken seriously.
Penetration, even partial, constitutes rape under IPC and POCSO Act; the credibility of child witnesses must be carefully assessed.
The court upheld that the uncorroborated testimony of a child survivor is credible and can substantiate a conviction for sexual assault, provided the statement is consistent and corroborated by medic....
The judgment emphasizes the importance of evaluating witness demeanor and corroborating evidence in establishing guilt beyond reasonable doubt in cases of sexual assault against minors.
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