Back
IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
JUDGMENT & ORDER :
B. Bhattacharjee, J.
The Judgment and Order dated 15-12-2023 and the related order of sentence dated 21-12-2023 passed by the Special Judge (POCSO), South West Khasi Hills District, Mawkyrwat in Special POCSO Case No. 03 of 2021 is under challenged in this criminal appeal.
1. The brief fact of the case is that on 08-07-2017, an FIR was lodged by PW-1, the mother of the survivor, alleging that in the month of December, 2016 the appellant attempted to rape her daughter (the survivor), aged about 16 years, in the paddy field on her way back home in Nongtynniaw village, but the survivor could manage to free herself from the clutches of the appellant. On 23-06-2017, for the second time, the appellant again tried to commit rape on the survivor in her residence by covering her mouth with hands and threatened her, however, the survivor somehow could escape.
2. On the basis of the FIR, the Mawkyrwat PS Case No. 17 (07) 2017 was registered under Section 376/511/506 IPC r/w Section 7/8 POCSO Act and the matter was investigated into. On completion of the investigation, a charge-sheet was filed vide charge-sheet No. 18/2017 dated 23-10-2017 under Section 354/506 IPC r/w Section 7
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
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.
Prosecution has to prove the foundational facts of the offence charged against the accused, not based on proof beyond reasonable doubt, but on the basis of preponderance of probability.
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 court emphasized the necessity of reliable and consistent testimony in sexual assault cases, ruling that the prosecution failed to prove charges beyond reasonable doubt due to contradictions and ....
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
Rape of minor girl – Delay in FIR - threats administered by the appellant of circulating the MMS and of defamation of the family, are all factors to be considered, for delay in lodging the FIR – Conv....
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
