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B. BHATTACHARJEE
Arjun Boro – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT AND ORDER
B. Bhattacharjee, J. - This Criminal appeal under Section 374 (2) Cr.P.C is filed against the Judgment and order of conviction dated 18-05-2022 and sentence of even date passed by the learned Special Judge (POCSO)/ Addl D.C(J), East Jaintia Hills District, Khliehriat in POCSO Case No. 8/2020 (new), [Spl Session No.18/19 (old)] whereby the accused/appellant was convicted under Section 3(a)/4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and awarded a sentence of 7 (seven) years of rigorous imprisonment and a fine of Rs.10,000/-(Ten thousand rupees) only and in default to undergo one month's simple imprisonment.
The fact of the case is that on 19-08-2018 a written FIR was lodged by the complainant to the effect that on the midnight of 17-082018, her son, aged about 10 years, was sexually assaulted by the accused/appellant who came to stay in her house as he was well known to her husband. The FIR was received vide GDE No. 24 dated 19-08-2018 at Ladrymbai Police Outpost. Thereafter the FIR was received at Khliehriat PS vide GDE No. 05 dated 19-08-2018 and a cognizable case was registered vide Khliehriat PS Case No. 153(8)2018 under Section 37
The judgment establishes that convictions under POCSO require substantive evidence, and reliance on inadmissible statements can lead to acquittal.
The statement of a deceased victim recorded under Section 164 CrPC is not substantive evidence and cannot solely support a conviction; the prosecution must prove the victim's age and provide corrobor....
The court upheld the conviction for sexual assault establishing that medical evidence corroborated the survivor's account despite contradictions from other witnesses, emphasizing the need to protect ....
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 conviction under Section 6 of the POCSO Act was overturned due to procedural violations, illustrating the necessity of adhering to legal protocols in sexual assault cases involving minors.
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
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