On July 17th 2024, the High Court of Meghalaya observed in a rape case that the evidence has to be weighed and not counted and conviction can be recorded on the sole testimony of the prosecutrix, if her evidence inspires confidence and there is absence of circumstances, which militate against her veracity.
In this case a complaint was lodged on 23.08.2021 by the mother of victim under Sections 3(a)/4 of the POCSO Act, 2012 read with Section 506 IPC stating that the appellant had raped her daughter on 22.08.2021. After a through investigation Charge Sheet has been filed on 09.09.2021 under Section 5(1)/6 of the POCSO Act of 2012 r/w Section 506 IPC. The prosecution in order to substantiate the commission of offence against the accused examined as many as 4 witnesses and marked 6 exhibits and Paper Mark-I (Birth Certificate), However the appellant did not produced any witness or exhibits in order to prove himself. The statement under section 164 Cr.P.C was recorded of the victim where she said, she was going to buy something to the market when the appellant asked her about some address where she said she don’t know the exact address the appellant forcibly asked her to accompany him in the car then he drove the car to the jungle and he forcibly pulled her out of the car and laid on her. He took off her pants and underwear he took off his pants as well as his underwear inserted his Penis into the vagina of the victim this all continued fir the whole night and in the morning he dropped her nearby to her house. The learned counsel of the state also submitted that the reports provided by the doctor also proved that several marks of kissing, licking, sexual assault from anus and vagina has been confirmed.
The senior learned counsel submitted that that the complaint has been written by the headman on behalf of the mother of the victim without knowing the content she signed on the paper. Also the age of the victim id highly doubtful despite the production of birth certificate 26.02.2006. Also despite the statement recorded of the victim the statement the statement of the witnesses should also be recorded.
The court after hearing all the arguments observed that The version of the victim girl appears to be real and natural and there is no cloud of suspicion over her evidence and does inspire confidence in the minds of this Court and we have no good reasons to doubt her asservations. Also the examination of witnesses is not necessary if the sole testimony of the victim is sufficient to be relied upon. The prosecution has established the charges against the appellant the Court do not find any reason to interfere with the judgment of court below and upheld its order.
CASE – Shri Treda Sungoh Vs State of Meghalaya
NAME: SAFA HUSSAIN, COURSE: B.A.LL.B. (Hons), COLLEGE: JAMIA MILLIA ISLAMIA, NEW DELHI, INTERN UNDER LEGAL VIDHIYA.
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.
0 Comments