The Fast Track Special Court, POCSO, Dimapur, has convicted Amos Ngullie of rape and sentenced him to 10 years’ rigorous imprisonment, while acquitting him of the charges under the Protection of Children from Sexual Offences (POCSO) Act after the prosecution failed to properly establish the victim’s age.
Special Judge Khesheli Chishi pronounced the judgment earlier this month and imposed a fine of Rs 2,000 on Ngullie.
The court found that the prosecution had failed to prove that the victim was below 18 years of age at the time of the alleged offence, a requirement for invoking the presumption of guilt under Section 29 of the POCSO Act.
According to the judgment, the prosecution produced only a photocopy of the victim’s birth certificate. The court held that the photocopy could not, by itself, establish her age, as the original document was not produced and the authority that issued the certificate was not examined to establish its authenticity.
The acquittal under the POCSO Act was therefore based on the prosecution’s failure to establish the statutory requirement regarding the victim’s age.
