SANJIB BANERJEE, W. DIENGDOH
Arjun Diya – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - The appellant has been convicted for having committed an offence punishable under Section 376(2)(f), (i) and (n) of the Indian Penal Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. Following the judgment of conviction of December 11, 2019, the appellant was sentenced to undergo rigorous imprisonment for 10 years and fined Rs.50,000/- by an order of December 31, 2019. In default of the payment of the fine, the appellant is to undergo simple imprisonment for a further six months.
2. The principal ground urged on behalf of the appellant is that there was no material to corroborate the wild allegations of the 13-year-old survivor and the discrepancies between her initial statement recorded under Section 164 of the Code of Criminal Procedure, 1973 and her testimony in Court were too stark to be overlooked or ignored by the trial court. In addition, it is contended on behalf of the appellant that contrary to what was recorded in the first information report that the appellant had confessed to the commission of the offence before the Dorbar Shnong, there was no allusion to such confession by the headman of the vill
Corroboration of a minor survivor's testimony is not essential in cases of sexual offences, and the absence of motive for false accusation can be a significant factor in establishing guilt.
Credibility of survivor's statement, corroborative evidence, and lack of defense or motive for false accusation are crucial in establishing guilt in cases of sexual offences against children.
The confessional statement of the appellant and testimonies of witnesses can be crucial in establishing guilt and determining the appropriate sentence.
Allegation of survivor of sexual abuse is to be taken seriously.
The importance of adhering to legal procedures for recording confessional statements and assessing the credibility of witness testimony.
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 court established that the survivor's conduct and the inconsistencies in her testimony raised reasonable doubt about the prosecution's case, necessitating acquittal.
The significance of credible testimony, medical evidence, and contradictions in the accused's statements in establishing guilt for sexual offenses against minors.
The conviction was upheld based on the victim's credible testimony corroborated by other family members, establishing the accused's guilt despite minor inconsistencies and a delay in filing the FIR.
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.
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