Back
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Lendup Lepcha – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J.—The appellant has been convicted having committed the offence of aggravated penetrative sexual assault on a child below twelve years under section 5(m) and repeatedly under section 5(l) under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentenced to twenty years rigorous imprisonment with fine of Rs.30,000/- (Rupees thirty thousand only) for each of the offences. He was also convicted under sections 376AB, 375(a) and 354B of the Indian Penal Code, 1860 (IPC). However, in view of section 42 of the POCSO Act, the appellant was not sentenced under sections 376AB and 375(a) IPC. The appellant was acquitted of the offence of criminal intimidation under section 506 IPC. The period of imprisonment was to run concurrently and the imprisonment already undergone was to be set off. The total amount of fine recovered was to be applied in payment of compensation to the minor survivor. Rs.5,00,000/- (Rupees five lakhs only) was also awarded to the minor victim out of the Victim Compensation Fund.
2. The appellant challenges the opinion of the learned Trial Court on the ground that the prosecution had failed to establish penetrative sex
In sexual assault cases involving minors, the victim's testimony holds significant weight and need not be corroborated unless substantial reasons exist; even minimal penetration suffices to establish....
Rape – Conviction and sentence must be upheld where victim’s testimony is not only consistent but fairly detailed also.
Victims of sexual crimes can be considered 'sterling witnesses' whose credible testimony, despite minor discrepancies, is sufficient for conviction under the POCSO Act.
In cases of sexual violence, a survivor's testimony, if credible and consistent, qualifies as that of a 'sterling witness,' justifying a conviction without independent corroboration. Minor inconsiste....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
The judgment emphasizes the importance of evaluating witness demeanor and corroborating evidence in establishing guilt beyond reasonable doubt in cases of sexual assault against minors.
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
