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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Hanif Ali S/o Abdul Rahim – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. judgment challenging details. (Para 1 , 2) |
| 2. appellant's argument on charge alteration. (Para 3 , 4) |
| 3. state's response to appellant's arguments. (Para 5 , 6) |
| 4. factual background of the case. (Para 8 , 9 , 10) |
| 5. testimonies and inconsistencies discussed. (Para 11 , 12) |
| 6. legal standard for witness testimony. (Para 13 , 14 , 15 , 16) |
| 7. legal provisions governing charge alteration. (Para 17) |
| 8. regarding prejudice in charge alteration. (Para 18 , 19 , 20) |
| 9. court's decision on charge modification. (Para 21) |
| 10. conclusion and directions. (Para 22 , 23) |
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. A. Ahmed, learned counsel appearing for the appellant. Also heard Ms. A. Begum, learned Additional Public Prosecutor appearing for the State respondent and Ms. S. Medhi, learned legal Aid Counsel appearing for the informant/respondent No. 2.
2. The appellant has put to challenge the impugned judgment dated 08.04.2022 passed by the court of the Additional Sessions Judge cum Special Judge (POCSO), Barpeta, in Special POCSO Case No. 30/2018, by which the appellant has been convicted under Section 6 of the POCSO Act, 2012, and sentenced to undergo rigorous imprisonment for 12 ye
Conviction under POCSO Act modified from Section 6 to Section 10 due to evidentiary inconsistencies regarding penetration and charge alteration procedures impacting the defense.
The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and legal provisions from the POCSO Act to establish guilt under Section 6 and determine ....
Penetrative sexual assault – Child witness - though the victim was only 4 years old at the time of the incident, a child witness can also be a reliable witness. In the present case, the competency of....
The trial court's failure to specify the charge under Section 4(1) or 4(2) of the POCSO Act resulted in an improper conviction and sentence, necessitating a remand for proper proceedings.
Evidence of victim child cannot be sole basis for convicting accused unless safeguards are undertaken.
A conviction for penetrative sexual assault requires clear and corroborative evidence of penetration, which was not established in this case; however, the appellant was guilty of sexual harassment un....
A conviction under the POCSO Act cannot stand if the victim's testimony contains significant inconsistencies regarding material facts, undermining the credibility of the prosecution's case.
The conviction under Section 6 of the POCSO Act was overturned due to discrepancies in the victim's testimony and lack of evidence proving the appellant's direct involvement in the alleged acts.
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