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W. DIENGDOH
Investigation Officer, Women Police Station – Appellant
Versus
Iaraplang Umdor – Respondent
JUDGMENT :
1. The case of the appellant is that in a case under the POCSO Act, 2012, wherein the respondent was facing trial being charged for committing an offence under Section 3(a)/4 of the said Act, the matter had proceeded to the stage of recording of evidence of the prosecution’s witnesses before the Special (POCSO) Court at Shillong.
2. The learned Special Judge at the stage of recording of evidence of the prosecution’s witnesses, on the appearance of the complainant and the survivor, has recorded their evidence as PW1 and PW2 respectively. This was done on a date fixed for the same, that is, 18.07.2019 where the Special P.P. and the Defence Counsel were present to conduct such examination.
3. In course of examination of the two witnesses mentioned above, the deposition of the said witnesses was not supportive of the prosecution’s story and on the prayer of the learned Special P.P., they were declared as hostile witnesses and were accordingly cross-examined.
4. After the evidence of the said two witnesses were recorded, the learned Special Judge on the basis of the contents thereof has come to the conclusion that PW2 (mother) of PW1(survivor), has filed a false and fabricated FI
The trial court's premature discharge of the accused in a POCSO case was improper due to incomplete evidence and procedural irregularities, necessitating a re-trial.
Conviction under POCSO Act cannot be sustained on the basis of unreliable witness testimonies, especially when witnesses turn hostile and fail to corroborate the prosecution's case.
Point of law : Section 299 of Code of Criminal Procedure makes provision for recording the evidence in the absence of the accused. Provision is made to safeguard the evidence of the witnesses who may....
Minor discrepancies in victim testimony do not undermine the credibility of sexual assault claims under POCSO; conviction can still be upheld based on consistent evidence.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The judgment establishes that convictions under POCSO require substantive evidence, and reliance on inadmissible statements can lead to acquittal.
Point of Law : Section 3 of the Indian Evidence Act, 1872 deals with proof.
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