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S. VAIDYANATHAN, W. DIENGDOH
Rajingstar Thabah – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
S. VAIDYANATHAN, C.J.
This Criminal Appeal is directed against the judgment and order dated 08.07.2022 and the order of sentence dated 11.07.2022, passed by the Special Judge (POCSO), Shillong in Special POCSO Case No.5 of 2018 and the accused/Appellant herein was convicted by the Trial Court for an offence under Section 6 of The Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act, 2012”) and sentenced to undergo Rigorous Imprisonment for a period of 18 years and to pay a fine of Rs.20,000/-, in default to undergo Simple Imprisonment for another 3 months. The fine amount was directed to be given to the victim girl.
Brief Prosecution Case:
2. A complaint was given by the mother of the victim girl on 03.11.2017 before Sohiong Police Outpost, East Khasi Hills, stating that the accused, namely, Rajingstar Thabah had committed aggravated penetrative sexual assault on her daughter aged about 5 years and 10 months and also threaten her with dire consequences. Based on the complaint, FIR (Ex.P2) in Mawngap P.S.Case No.43 (11) 2017 came to be registered against the accused under Section 6 of the POCSO Act, 2012 read with Section 376(2)(i) and Section 511/506 IP
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 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.
The court clarified the distinction between sexual assault and aggravated penetrative sexual assault under the POCSO Act, emphasizing the need for evidence of penetration to establish the latter.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The court upheld the conviction for aggravated penetrative sexual assault under the POCSO Act based on the reliable testimony of the child victim and corroborative medical evidence, affirming the app....
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