Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Absence Of Medical Evidence Not Fatal To Prosecution Case, Victim Corroborated Her Testimony U/S 164 CrPC: Gauhati HC Upholds POCSO Conviction
The Gauhati High Court upheld the conviction of an individual under the POCSO Act, despite the absence of a medical report confirming the assault. The court relied heavily on the victim’s testimony, which was deemed reliable and corroborated by her statement under Section 164 of the CrPC. The case involved the rape of a minor girl, and the court reduced the sentence from life imprisonment to 20 years of rigorous imprisonment, considering the convict’s age. The court noted the failure of the medical examination to provide conclusive evidence but emphasized the credibility of the victim’s consistent testimony. This judgment underscores the importance of victim testimony in sexual assault cases, even in the absence of medical evidence.