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2018 Supreme(Sikk) 14

BHASKAR RAJ PRADHAN
Md. Ibraj Alam S/o Oly Alam – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Appellant :Mr. Zangpo Sherpa, Legal Aid Counsel and Ms. Mon Maya Subba, Advocate
For the Respondent: Mr. S. K Chettri, Assistant Public Prosecutor

JUDGMENT :

Bhaskar Raj Pradhan, J.

1. The testimony of a 12 year old child, a victim of crime, is sought to be questioned by the Appellants who have been convicted on the ground that since he is but a child, corroboration is a must. Quite evidently this is not the correct proposition in law. Should the victim’s deposition be held to be wanting merely because of the fact that he is a child although the same inspires confidence? The answer is obviously in the negative.

2. The First Information Report (FIR) (exhibit-1) lodged on 11.04.2016 by the father of the victim-P.W.1 (first informant) after his son-the victim who had gone missing since the morning of the day before was found by beat Constables of the Singtam Police Station at Singtam would initiate an investigation by the Mangan Police. Resultantly a charge-sheet would be filed and thereafter charges framed on 30.08.2016 against Md. Ibraj Alam (Appellant in Criminal Appeal No. 19 of 2017) as well as Md. Tabrej Alam alias Roshan (Appellant in Criminal Appeal No. 20 of 2017) by the Sessions Judge, North Sikkim at Mangan (Learned Sessions Judge). Charges under Section 363/34 IPC; 342/34 IPC; Section 323 IPC and Section 307 IPC would b

























































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