Court dismisses appeal citing corroborated testimony and medical evidence, underscores severity of incestuous crimes.
The Gauhati High Court has confirmed the conviction and 15-year rigorous imprisonment sentence of Lalzarmawia, who was found guilty of raping his mother. The judgment, delivered by a division bench comprising Justices Michael Zothankhuma and Budi Habung, emphasized the reliability of the victim's testimony, which was corroborated by medical evidence and her statement recorded under Section 164 of the Criminal Procedure Code.
The case arose from an incident on July 23, 2019, when Lalzarmawia, under the influence of alcohol, assaulted his mother in their home. The victim's testimony was deemed truthful and was supported by medical findings of fresh injuries. Despite the appellant's claims of discrepancies in the victim's statements, the court found no substantial inconsistencies that could undermine her credibility.
The court also addressed the appellant's argument regarding the non-examination of his sister, a listed prosecution witness. The judges noted that her testimony would not have altered the trial's outcome as she was not an eyewitness.
In upholding the conviction, the court highlighted the severe breach of familial trust involved in incestuous crimes and reiterated the judiciary's role in protecting vulnerable individuals. The decision aligns with the Supreme Court's stance in similar cases, emphasizing that pleas for leniency in such matters are misplaced.
The judgment serves as a stern reminder of the courts' commitment to delivering justice in cases involving grave violations of personal and familial sanctity.
Bottom line:-
Evidence of the victim of rape and/or sexual assault is to be considered equivalent to an injured witness, if not more. Conviction can be based on the sole testimony of the victim if it is truthful and inspires confidence of the court.
Statutory provision(s):
Section 376(2)(f) IPC, Section 164 Cr.P.C, Section 313 Cr.P.C
Lalzarmawia v. State of Mizoram, (Gauhati)(DB) : Law Finder Doc id # 2960130
