Taking note of the steep rise in offences relating to sexual assault and sexual harassment of children under the POCSO Act, in the State of Mizoram, the Gauhati High Court has enumerated a set of safeguards to be followed by child protection stakeholders, functionaries, and educational institutions. Some of the measures include formulating a comprehensive Child Protection Policy, incorporating child protection as a part of the school curriculum, and the media organizations creating awareness by featuring regular talk shows and short films.

The Appeal before the High Court was filed against the order of the Trial Court in a case registered under Section 6 of the POCSO Act, 2012, whereby the accused/appellant had been convicted and sentenced to undergo rigorous imprisonment for a term of 10 years with a fine of Rs. 5,000.

Noting that children are continuously being sexually exploited and abused despite stringent punishments prescribed under the Act, the Single Bench of Justice Kaushik Goswami said, “Apropos that, under the Constitution of India, it is the obligation of the state to protect children. I cannot also be unmindful of the fact that children due to their tender age are often vulnerable to sexual predation. Younger children are even incapable of distinguishing between safe and unsafe touches. I am thus of the firm view that it is imperative that all stakeholders including child protection stakeholders, functionaries, and educational institutions, take proactive and stringent measures to safeguard children from the menace of sexual violence and exploitation…”

Amicus Curiae H. Zodinsanga represented the Appellant while Additional Public Prosecutor L. Khiangte represented the Respondents.

Factual Background

The victim’s father (PW 1)lodged an FIR alleging that during the year 2018, the accused/appellant called his daughter, who was 9 years old, to his home during the afternoon and had sexual intercourse with her on his bed. It was further alleged by the prosecution that the accused/appellant inserted his penis inside the vagina of his daughter and that she said that she was bleeding from her vagina during the process. It was further alleged that the accused/appellant had also invited his younger daughter to his home during the year 2021 and took off her clothes and brushed his penis on her vagina that day. Accordingly, a case was registered under Section 6 of the POCSO Act, 2012, read with Section 376 AB of the Indian Penal Code, 1860.

After the collection of the Medical Report and the completion of the investigation, the charge sheet was submitted. Thereafter, the trial Court framed charges under Section 6 of the POCSO Act, 2012, and the trial commenced. During the trial, the prosecution examined 7 prosecution witnesses. After the closure of the prosecution witnesses, the accused/appellant was examined under Section 313 of the Criminal Procedure Code (Cr.P.C.), where all the incriminating circumstances were put to him, which he generally denied. However, he adduced 2 defence witnesses. After the closure of the defence evidence and hearing both sides, the trial Court pronounced its judgment whereby the accused/appellant was convicted. Aggrieved thereby, the accused appellant approached the High Court.

Reasoning

The Bench took note of the fact that the prosecutrix in the instant case was the sole eyewitness to the sexual assault committed upon her by the accused/appellant. “In such cases, there is no bar for convicting an accused solely on the basis of the sole testimony of the prosecutrix without seeking corroboration in material particulars. However, the test is whether the testimony of the prosecutrix inspires confidence and is of trustworthy and sterling quality. Keeping in mind the aforesaid principles, upon re-scrutinizing the testimony of the prosecutrix, it appears that the prosecution has given her deposition in the court in a realistic manner”, the Bench said.

The Bench found that the prosecutrix clearly and consistently recounted the details of the act of sexual assault committed upon her by the accused/appellant. Initially, out of fear, she did not disclose the same to her parents, but when there was a quarrel between her mother and the wife of the accused/appellant, she disclosed the same to her parents. The accused/appellant had also threatened to kill her if she opened her mouth against him. The medical report corroborated her version of the story.

Highlighting the fact that while dealing with cases of sexual crime against child victims, the courts are expected to deal with such cases with utmost sensitivity, sternness and severity, the Bench asserted, “In the present case, the accused/appellant is the friend of her parents, who took advantage of the victim’s tender age to gratify his own animated passions for sexual pleasures. Such a perpetrator is a menace to society. It is in the backdrop of the aforesaid that in cases of sexual offence of a child, if the court accepts the version of the victim at its face value, there is no requirement to search for evidence, direct or circumstantial, that would lend assurance to her testimony, and delay in such cases per se is also not a mitigating circumstance for the accused.”

Referring to section 6 of the POCSO Act, the Bench explained that whoever penetrates his penis to any extent into the vagina of a child below 12 years is sufficient enough, amongst others to constitute the offence of aggravated sexual assault. In the present case, the prosecution established that the age of the victim girl was below 12 years and the accused/appellant had penetrated his penis into the vagina of the prosecutrix. Therefore, an offence of aggravated sexual assault under Section 6 of the POCSO Act, 2012, was made out against the accused/appellant.

The Bench thus enumerated the following measures to safeguard children from the menace of sexual violence:

  • Robust Child Protection Policy: Every school, whether government or private, can formulate and implement a comprehensive Child Protection Policy, which may also include SOPs on addressing cases of child sexual abuse.
  • Regular Trainings: All schools can organize regular trainings on child protection and prevention of child sexual abuse for staff, parents, and students, to create awareness and equip them with the necessary skills to prevent and respond to such cases.
  • Child Protection in Curriculum: The Education Department may take measures to incorporate child protection as a part of the school curriculum.
  • Awareness Sessions: Child protection stakeholders, including State Commissions for the Protection of Child Rights (SCPCR), Child Welfare Committees (CWC), District Child Protection Units (DCPU), Special Juvenile Police Units (SJPU), and State and District Legal Services Authorities (SLSA/DLSA), can conduct regular awareness sessions on child sexual abuse and the POCSO Act in schools and communities.
  • Media Awareness: Media organisations may attempt to feature regular talk shows and short films, generating awareness on child sexual abuse, to educate the public and promote prevention.

Cause Title: Sh. Laldinsanga v. State of Mizoram & Anr. (Neutral Citation: 2025:GAU-MZ:106)

Appearance:

Petitioner: Amicus Curiae H. Zodinsanga

Respondent: Additional Public Prosecutor Mary L. Khiangte, Legal Aid Counsel Jordan Rohmingthanga

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Gauhati High CourtJustice Kaushik Goswami

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.