The Meghalaya High Court recently upheld a conviction for aggravated penetrative sexual assault under the POCSO Act based only on the victim’s testimony.
The Court said that an accused can be convicted if the victim’s testimony is found to be trustworthy, clear, and convincing.
The Court also said that if the victim’s testimony is enough to prove the accused’s guilt, there’s no need to question other important witnesses.
“Though learned Senior Counsel for the appellant pointed out that some of the vital witnesses had not been examined in this case, it is pertinent to mention here with reference to the judgment of the Supreme Court in the case of State of Himachal Pradesh vs. Raghubir Singh, reported in (1993) 2 SCC 622 that 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.”, the bench comprising Chief Justice S. Vaidyanathan and Justice W. Diengdoh said.
The Court found that the prosecution proved the accused’s sexual abuse of the victim girl with medical evidence, which supported the victim’s testimony.
“Above all, the answer given by the appellant, when he was questioned under Section 313(l)(b) Cr.P.C., is only the ipse dixit of the appellant and no attempt was made by him to disprove the version of the prosecution and the victim girl as well”, the court added.
The Court confirmed that the prosecution had proven the accused’s guilt beyond a reasonable doubt and referred to the Supreme Court’s observations in the State of Punjab v. Gurmit Singh case (1996) 2 SCC 384.
In that case, the Supreme Court noted that sexual assault not only leaves terrible memories but also ruins the victim’s life. While murder destroys a person’s body, rape destroys their personal freedom.
As a result, the Court dismissed the appeal and upheld the accused’s conviction.