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S. VAIDYANATHAN, W. DIENGDOH
Lios Swer – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. This Criminal Appeal is directed against the judgment and order dated 09.03.2023, passed by the Special Judge (POCSO) / Addl.DC(J), East Jaintia Hills District, Khilehriat, Meghalaya in Special (POCSO) Case No.36 of 2020 and the accused / Appellant herein was convicted by the Trial Court for the offence under Section 5(l)/6 of The Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act, 2012') and Section 506 IPC and sentenced to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs.10,000/-, in default to undergo Simple Imprisonment for five months in respect of Section 5(l)/6 of POCSO Act, 2012 and to pay a fine of Rs.5,000/- for the offence under Section 506 IPC in default to undergo Simple Imprisonment for one month. In addition, compensation of Rs.3,00,000/- was directed to be paid by the accused to the victim girl.Brief Prosecution Case:
2. A complaint was given by the mother of the victim girl on 22.06.2013 before Khliehriat Police Station, East Jaintia Hills District, stating that the accused, namely, Lios Swer, who
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, supported by the presumption of guilt under the POCSO Act.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
The court affirmed that intoxication negates consent in cases of sexual assault against minors, emphasizing the importance of corroborative evidence in establishing the accused's guilt.
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