JUDGMENT :

BHASKAR RAJ PRADHAN, J.

1. This is my time to sing, dance and play. This is my time to be happy. This is my time. Give it back to me.

2. The conviction of the Appellant by the learned Special Judge for commission of aggravated sexual assault under Section 9(l), 9(m) and 9(n) punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012) narrate an unfortunate, distressing and alarming tale of a broken home in rural Sikkim.

3. The minor victim (P.W.1) is a hapless child of 7 years. The Appellant is her uncle, a 49 year old male who held the position of trust. The mother of the victim had left the father (P.W.2) and their three minor children several years ago. Unable to look after the three minor children on his own he brought the Appellant, his brother-in-law, to their house to look after them. The Appellant stayed with them for a few months. He used to do all the household work including cooking and bathing the children. During this period the elder minor daughter (P.W.3) was sexually assaulted by two juvenile relatives. A case was instituted under the POCSO Act, 2012 in the year 2016 against them. During the proceedings the Learn