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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
| Table of Content |
|---|
| 1. overview of conviction under pocso (Para 1 , 2 , 3 , 8 , 9) |
| 2. arguments related to consent and delay (Para 4 , 5) |
| 3. analysis of delay in filing fir (Para 6 , 13 , 14) |
| 4. prosecution's evidence and medical findings (Para 10 , 11 , 12) |
| 5. distinction between consent and coercion (Para 15 , 16) |
| 6. final dismissal of the appeal (Para 17 , 18) |
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 |
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.
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