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SANJIB BANERJEE, W. DIENGDOH
Sonibarson Marwein – Appellant
Versus
State of Meghalaya – Respondent
| Table of Content |
|---|
| 1. survivor's consistent testimony of assault (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. evidence corroborates survivor's claims (Para 7 , 8 , 9 , 10 , 11) |
| 3. court's reasoning supports conviction (Para 12 , 13 , 14 , 15 , 16) |
| 4. final dismissal of appeal and sentence upheld (Para 17 , 18 , 19) |
JUDGMENT:
SANJIB BANERJEE, C.J.
The appellant has been sentenced to suffer rigorous imprisonment for 20 years for offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and fined Rs.25,000/-. In default of payment of the fine, the appellant is to undergo three further months of simple imprisonment.
2. The first information report was lodged in this case at the Nongstoin Police Station in West Khasi Hills on February 12, 2020 by the mother of a 12-year-old girl and two others. According to the FIR, the survivor had been continually raped by the appellant for a substantial period of time in the year 2019 and up to January, 2020. The appellant is the maternal uncle of the survivor.
3. In her initial statement to the investigating agency recorded under Section 161 of the Code of Criminal Procedure, 1973, the survivor narrated that the appellant had “sex
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 central legal point established in the judgment is the reliance on the survivor's trustworthy statement and the medical examiner's opinion to uphold the conviction for penetrative sexual assault.
Allegation of survivor of sexual abuse is to be taken seriously.
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....
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.
The court upheld that the uncorroborated testimony of a child survivor is credible and can substantiate a conviction for sexual assault, provided the statement is consistent and corroborated by medic....
The judgment established the importance of evidence of penetrative sexual assault and the application of legal provisions to determine the appropriate conviction and sentence.
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.
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