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SANJIB BANERJEE, W. DIENGDOH
Sparding Nongbri – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. The appellant has been convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 for having committed aggravated penetrative sexual assault on his step-daughter of 14 years and sentenced to rigorous imprisonment for 20 years and a fine of Rs.30,000/-. In default of the payment of fine, the appellant is to suffer simple imprisonment for a further period of five months.
2. The appellant contends that the vague allegations of the alleged victim do not constitute any offence and the trial court erred in disregarding the unclear and somewhat fuzzy description of the incident by the victim to find that a case has been made out against the appellant for conviction under the most stringent provision. The appellant refers to his confessional statement recorded under Section 164 of the Code of Criminal Procedure, 1973, but submits that since the trial court did not go solely by the appellant's confession and called for evidence to be presented, the evidence adduced made out no case at all against the appellant.
3. Two persons were named as accused, based on the minor victim's statement. Since the appellant herein was the step-father of the minor victim,
The central legal point established in the judgment is the interpretation of the victim's statement and the appellant's admission, leading to the determination of the nature of the offence committed ....
The judgment established the importance of evidence of penetrative sexual assault and the application of legal provisions to determine the appropriate conviction and sentence.
A statement under Section 164 Cr.P.C. cannot serve as substantive evidence for conviction without corroborating evidence, especially when key witnesses turn hostile.
Penetrative sexual assault on minor girl – Conviction and sentence – Minor discrepancy pointed out between victim’s statement and her deposition can be attributed to her tender age.
The confession of the accused, the victim's testimony, and the identification of the accused by the victim were pivotal in establishing the offence beyond reasonable doubt.
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
Credibility of witness testimony, impact of minor contradictions, and the significance of delay in lodging a complaint in cases of sexual offences against children.
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