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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Ram Pukar Roy, S/o- Shonka Roy – Appellant
Versus
State of Assam Represented by the Public Prosecutor – Respondent
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. A. Paul, learned counsel appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State respondent and Mr. S. Saikia, learned counsel appearing for the respondent No. 2.
2] This criminal appeal is directed against the judgment and order dated 31.12.2022 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup (M), Guwahati (hereinafter referred to as the “trial court”), in Sessions Case No. 52/2021, whereby the accused/appellant was convicted under Section 377 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”), and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”), and sentenced to undergo rigorous imprisonment for 20 (twenty) years each and to pay a fine of Rs. 10,000/- (rupees ten thousand) each; and in default of payment of fine, to suffer simple imprisonment for another 6 (six) months each. Both the sentences were directed to run concurrently.
3] The brief narration of the prosecution case is that on 06.12.2020, the informant filed an FIR in the Birubari Police Outpost under Palt
The necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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....
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
The court affirmed that the victim's credible testimony, corroborated by medical evidence, suffices for conviction under sexual assault laws, despite minor contradictions.
Prosecution must establish essential elements of charges beyond reasonable doubt; inconsistencies and lack of corroboration lead to acquittal.
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