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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
Mr. Justice W. Diengdoh, J, W. DIENGDOH
Ajaybirth Marak S/o Gopinath Sangma – Appellant
Versus
State of Meghalaya – Respondent
| Table of Content |
|---|
| 1. fir filed by mother (Para 1 , 2) |
| 2. investigation and charge sheet (Para 3) |
| 3. trial court proceedings (Para 4 , 5) |
| 4. defense arguments (Para 6 , 7 , 8) |
| 5. contradictions in testimony (Para 9) |
| 6. medical evidence (Para 10 , 11) |
| 7. composite evidence (Para 12 , 13) |
| 8. prosecution's case (Para 14 , 15) |
| 9. charges under pocso act (Para 16) |
| 10. alteration of charge (Para 17 , 18 , 19 , 20 , 21) |
| 11. appeal dismissed (Para 22 , 23) |
| 12. credibility of testimony (Para 24 , 25) |
JUDGMENT :
1. An undated FIR was filed by the mother of a minor girl, wherein was narrated an incident which allegedly took place on 24.01.2013 at about 8:00 pm or so accusing the appellant herein that he had molested the said minor girl at her residence.
3. In due course, the Investigating Officer (I/O) after completion of the investigation, filed the final report under Section 173 Cr.P.C. and in the charge sheet, the brief story of the prosecution’s case was noted to say that on 24.01.2013, the appellant had molested the said minor girl at her residence and accordingly, in course of investigation, the minor girl was taken to the hospital for medical examination which revealed that there are some scratch marks
The testimony of a child victim under the POCSO Act, if credible, does not require corroboration for conviction, and minor discrepancies should not undermine a reliable prosecution case.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The court emphasized the importance of the victim's consistent testimony and medical evidence in cases of sexual assault. It highlighted the presumption of certain offences under the POCSO Act, which....
Conviction under POCSO Act can be based solely on the credible testimony of the victim, with sensitivity to delays in filing FIR due to trauma.
The sole testimony of a prosecutrix can suffice for conviction in rape cases if credible, while age determination must be supported by reliable evidence.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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