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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
S. VAIDYANATHAN, CJ, W. DIENGDOH
Mihkahtngen Sarubai – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
S. VAIDYANATHAN, CJ.
1. This Criminal Appeal is directed against the judgment dated 17.10.2022 and the order of sentence dated 31.10.2022, passed by the Special Judge (POCSO), Shillong in Special (POCSO) Case No.24/2015 and the accused/Appellant herein was convicted by the Trial Court for the offences under Sections 3 (a)/4of the Protection of Children from Sexual Offences Act, 2012 and under Sections 3 28/354B/375(a) falling under Sections 3 75(sixthly)/376(2)(j)(n)/441/442/450 of the INDIAN PENAL CODE and was sentenced as under:
| Provision under which convicted | Sentence |
| Section 376(2) IPC (alternate punishment in the place of POCSO, Act, 2012) | Twenty years of Rigorous Imprisonment with fine of Rs.1,00,000/- |
| Section 450 IPC | Five Years with fine of Rs.50,000/- |
| Section 328 IPC | Five Years with fine of Rs.20,000/- |
| Section 354B IPC | Seven Years with fine of Rs.20,000/- |
All the sentences were ordered to run concurrently. The Trial Court also recommended for consideration of restoration and rehabilitation of the survivor by the State Legal Services Authority under Section 357A Cr.P.C.
Brief Prosecution Case:
2. An FIR was given by the parents of the victim girl on 17.04.2015 before the officer
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.
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, corroborated by medical evidence, and lack of enmity between the parties, led to the court's finding of guilt. The accused's young age was not considered a mitigating circumst....
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
The victim's testimony in sexual assault cases is vital and reliable, and delay in lodging the FIR is not fatal to the prosecution's case.
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
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