SANJIB BANERJEE, W. DIENGDOH
Pynwanbor Kharbani – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - This is a routine appeal against a judgment of conviction and the consequent order of punishment made more with a prayer and hope than with any degree of conviction.
2. The appellant herein has been convicted for the commission of an offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo 15 years of rigorous imprisonment. In addition, the appellant has been fined Rs.20,000/-, which has to be paid to the victim. In default of the payment of the fine, the appellant is to suffer a further two months' imprisonment.
3. The judgment of conviction was passed on February 24, 2021 and the sentence was also pronounced on the same day. Though the appellant did not admit to having committed the offence, the order of sentence records in paragraph 6 that the appellant apparently pleaded for forgiveness and prayed to the court to award him the minimum sentence.
4. The incident is of September 25, 2016. It was a Sunday afternoon when the 11-year-old survivor was sent home from the church by her mother after the afternoon service so that she could get the food ready for the family meal. On the way home, the girl clai
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.
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.
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....
The confessional statement of the appellant and testimonies of witnesses can be crucial in establishing guilt and determining the appropriate sentence.
The credibility of the victim's testimony and the reasonableness of the delay in lodging the complaint are crucial factors in determining the outcome of the case.
The importance of adhering to legal procedures for recording confessional statements and assessing the credibility of witness testimony.
The significance of credible testimony, medical evidence, and contradictions in the accused's statements in establishing guilt for sexual offenses against minors.
The victim's clear testimony, medical examination, and the appellant's admission of the offence are crucial in establishing the guilt beyond reasonable doubt.
Allegation of survivor of sexual abuse is to be taken seriously.
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