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MEENAKSHI MADAN RAI
State of Sikkim – Appellant
Versus
Pintso Bhutia – Respondent
JUDGMENT
Meenakshi Madan Rai, J.—The question that falls for determination before this Court is; Whether the impugned Judgment, dated 27-04-2021, in Sessions Trial (POCSO) Case No.10 of 2018, of the Learned Special Judge (POCSO), East Sikkim, at Gangtok, acquitting the Accused/Respondent can be said to be perverse, the word “perverse” meaning “against the weight of evidence”.
(i) The Prosecution narrative is that, Exhibit 1, the First Information Report (for short, the “FIR”), was lodged by P.W.1, the Ward Panchayat of the concerned area, before the concerned Police Station, on 18-12-2017, on having received a verbal report from P.W.4, the victim’s mother, informing him that the Respondent had attempted rape on the victim, P.W.3, aged about 10 years, on 17-12-2017, around 05.30 a.m. at the house of P.W.13, her aunt. Exhibit 1 was duly registered on the same date, under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the “POCSO” Act), against the Respondent and endorsed to P.W.15, the Investigating Officer (I.O.) for investigation, on completion of which, Charge-Sheet was submitted against the Respondent under Section 354A(1)(i) of the Indian
Sexual assault on girl child – If evidence of witness is cogent, consistent and unwavering she qualifies as a sterling witness upon whose evidence conviction of perpetrator can be based.
The acquittal of the respondent was upheld due to significant inconsistencies in the victim's testimony and lack of supporting evidence, emphasizing the importance of credible evidence in child sexua....
Minor discrepancies in victim testimony do not undermine the credibility of sexual assault claims under POCSO; conviction can still be upheld based on consistent evidence.
The prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
The statement of a deceased victim recorded under Section 164 CrPC is not substantive evidence and cannot solely support a conviction; the prosecution must prove the victim's age and provide corrobor....
A conviction under the POCSO Act requires corroborative evidence beyond mere victim testimony; failure to prove victim's age and the circumstances surrounding the allegation renders the prosecution c....
(1) Penetrative sexual assault on girl child – Evidence of approximate age of victim would not be sufficient to any conclusion about exact age of victim.(2) Medical examination of accused of rape is ....
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
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