JUDGMENT :

BHASKAR RAJ PRADHAN, J.

1. A daunting question emanate for consideration in the present criminal action. It relates to the deposition of an alleged victim whose modesty had been allegedly outraged by the Respondent. A victim’ statement, it is said, is akin to the statement of an injured witness and should receive the same weight but what is the quality of evidence required to be given by such a victim to bring home a charge of outraging her modesty and would it require corroboration?

2. A judgment of acquittal dated 28.12.2016 passed by the Learned Judge, Fast Track Court, East and North Sikkim at Gangtok (the Learned Judge) in Sessions Trial (F.T.) Case No. 05 of 2016 is sought to be assailed by the State of Sikkim. The Learned Judge has acquitted the Respondent from the solitary charge of assaulting or using criminal force to the victim-PW-1 with intent to outrage her modesty punishable under Section 354 of the Indian Penal Code, 1860 (IPC). Leave having been granted on the application of the State, the Appeal is under consideration.

3. The First Information Report (FI