Back
SANJIB BANERJEE, W. DIENGDOH
Alan Sohshang – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - The appellant has been convicted for having committed an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to rigorous imprisonment for 10 years. In addition, the appellant has been fined Rs.10,000/- and required to suffer a further month's simple imprisonment upon failing to pay the fine.
2. Several grounds have been raised by the appellant in assailing the judgment of conviction of February 24, 2021 and the resultant sentence. For a start, the appellant says that the foundational fact for invoking the provisions of the Act of 2012 was not established as the age of the survivor was not ascertained. In such regard, the appellant says that it was only a photocopy of the birth certificate that was relied upon though the appellant had indicated that the appellant perceived the survivor to be 18 years old and the appellant also claimed that the survivor had informed the appellant that she was 18 years old.
3. The second ground urged is the delay in the lodging of the first information report on or about April 11, 2016 when the incident complained of was in early January of 2016. While on the aspect
The importance of adhering to legal procedures for recording confessional statements and assessing the credibility of witness testimony.
Allegation of survivor of sexual abuse is to be taken seriously.
The judgment establishes that convictions under POCSO require substantive evidence, and reliance on inadmissible statements can lead to acquittal.
A conviction for sexual assault against a minor can be based on the sole, consistent testimony of the victim. However, while minor delays or lack of physical injury do not necessarily invalidate such....
(1) Presumption of guilt – Court cannot mechanically accept whatever prosecution version of case is and give an approval to it without even analyzing admissibility and acceptability of evidence relie....
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.
For offences punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012, evidence of victim itself is sufficient – It does not need corroboration of te....
The significance of credible testimony, medical evidence, and contradictions in the accused's statements in establishing guilt for sexual offenses against minors.
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.
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
