POCSO Act: Meghalaya High Court rules victim's sole testimony sufficient for convicting accused; other witnesses not required.

POCSO Act: Meghalaya High Court rules victim’s sole testimony sufficient for convicting accused; other witnesses not required.

July 18, 2024

The Meghalaya High Court recently affirmed the conviction of an accused for aggravated penetrative sexual assault under the POCSO Act, relying solely on the credible and unblemished testimony of the victim, which inspired the court’s confidence.

Furthermore, the Court emphasized that once the victim’s testimony suffices to establish the guilt of the accused, there is no necessity to examine other “crucial witnesses”.

“The learned Senior Counsel for the appellant highlighted the non-examination of certain crucial witnesses in this case. However, it is crucial to note, in accordance with the Supreme Court’s judgment in State of Himachal Pradesh vs. Raghubir Singh (1993) 2 SCC 622, that the quality of evidence should be evaluated rather than its quantity. The bench, consisting of Chief Justice S. Vaidyanathan and Justice W. Diengdoh, stated that conviction can be based solely on the testimony of the prosecutrix if her testimony is trustworthy and there are no circumstances undermining her credibility.”

The Court determined that the prosecution substantiated the sexual abuse of the victim girl by the accused with medical evidence, thereby corroborating the case with relevant medical documents.

“In addition, the appellant’s response during questioning under Section 313(l)(b) Cr.P.C. merely represents his own assertion without any effort to refute the prosecution’s and the victim girl’s accounts,” the court emphasized.

In addition to confirming that the prosecution had proven the accused’s guilt beyond a reasonable doubt, the Court reiterated the Supreme Court’s remarks in State of Punjab v. Gurmit Singh (1996) 2 SCC 384.

The Apex Court in the Gurmit Singh case observed that physical sexual assault not only leaves enduring traumatic memories but also devastates the entire life of the victim. It likened rape to a severe violation of personal liberty, akin to murder which shatters the body of an individual.

Thus, the Court rejected the appeal and affirmed the conviction of the accused.

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