JUDGMENT

Bhaskar Raj Pradhan, J.—The prosecution examined 18 witnesses to establish two charges framed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Gyalshing, under section 376 AB of the Indian Penal Code, 1860 (IPC) and section 5(m) of the POCSO Act on 23.10.2020. The prosecution was successful during trial and by the judgment and order on sentence, both dated 19.10.2021, the learned Special Judge (POCSO Act), West Sikkim at Gyalshing, convicted and sentenced the appellant under section 376 AB of the IPC and section 5(m) of the POCSO Act. The appeal is directed against the impugned judgment and order on sentence passed by the learned Special Judge.

2. Mr. B.K. Gupta, learned counsel for the appellant, drew the attention of this court to the medical report (exhibit-21) of the victim (PW-1) prepared by Dr. Tukki Dolma Bhutia (PW-15), which recorded that there were no visible external injuries and local examination revealed only redness over the labia minora, although the charge was of penetrative sexual assault. It was submitted that PW-4 was a vital prosecution witnesses who turned hostile and did not support the prosecution ca