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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
S. VAIDYANATHAN, CJ, W. DIENGDOH
Andrew Rani – Appellant
Versus
State of Meghalaya – Respondent
| Table of Content |
|---|
| 1. fir details and initial investigation (Para 2) |
| 2. trial court proceedings (Para 3) |
| 3. defense arguments on evidence (Para 4) |
| 4. prosecution's rebuttal (Para 5) |
| 5. assessment of victim's testimony (Para 6) |
| 6. court's reasoning on retrospective application (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 7. final decision on appeal (Para 19) |
JUDGMENT :
1. This Criminal Appeal is directed against the judgment dated 27.04.2022 and the order of sentence dated 29.04.2022, passed by the Special Judge (POCSO), East Khasi Hills District, Shillong in Special (POCSO) Case No.10/2013 and the accused/Appellant herein was convicted by the Trial Court for the offence under Section 376(2) IPC and sentenced to undergo rigorous imprisonment for twenty five years and to pay a fine of Rs.1,00,000/- in default to undergo one year imprisonment. The total fine amount awarded as compensation was directed to be paid to the victim girl.
2. An FIR was given by the mother (P.W.1) of the victim girl (P.W.2) on 07.12.2012 before the Officer-in-Charge, Pasture Beat House, Polo, East Khasi Hills District, Shillong, stating that her daughter aged 4 years was raped on 05.12.2012 by one Arup B
Retrospective application of amended laws increasing penalties violates constitutional protections; original sentence modified to align with laws in effect at the time of the offence.
An act, which is legal at the time of commission cannot be made illegal by way of introduction of new enactment.
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 testimony of a victim of sexual assault is credible and can support conviction without corroboration, but the prosecution must prove the accused's knowledge of the victim's caste for SC/ST Act ch....
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.
Conviction for rape can be upheld solely on victim's testimony if credible; minor's status under POCSO necessitates stringent punishment.
The evidence of the victim was found to be trustworthy and credible, and the delay in lodging the F.I.R. did not affect the credibility of the prosecution version. The court confirmed the conviction ....
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