JUDGMENT

Meenakshi Madan Rai, Actg. C.J.—The Learned Special Judge, Protection of Children from Sexual Offences (POCSO) Act, 2012, East Sikkim, at Gangtok, convicted the Appellant under Section 5(l) punishable under section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short the “POCSO Act”), vide its impugned Judgment dated 19-09-2017. The impugned Order on Sentence dated 20-09-2017 sentenced the Appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine of L 2,000/- (Rupees two thousand) only, for the offence aforestated, with a default clause of imprisonment.

2. Aggrieved, the Appellant is before this Court, inter alia, on grounds that the seizure of Exhibit 7 the Birth Certificate of the Victim, remained unproved, the date of birth of the Victim has not been established as the contents of Exhibit 7 were not proved by any witness of the Prosecution. That, it is now settled law as to how the age of a Victim is to be assessed and none of the parameters as laid down in Mahadeo s/o Kerba Maske v. State of Maharashtra and Another, (2013) 14 SCC 637 have been complied with although witnesses being P.W.7, P.W.8 and P.W.9 were examined w