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2020 Supreme(Sikk) 77

MEENAKSHI MADAN RAI
Pempa Rapgay Bhutia – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For The Petitioner:Mr. Jorgay Namka, Advocate.
For The Respondent: Mr. S. K. Chettri, Additional Public Prosecutor.

ORDER :

Meenakshi Madan Rai, J.

1. The Petitioner herein has been booked under Section 10 of the Protection of Children from Sexual Offences Act, 2012, for having committed sexual assault on a minor victim, aged about 11 years. Learned Counsel for the Petitioner submits that the allegation against the Petitioner is false as the objective of the victim herein and two other minor girls, aged about 13 years and 15 years, all housed in the Drishya Child Care Centre, Aho, East Sikkim, was to run away from the Centre. In pursuance thereof, the victim and the two other girls falsely informed their teacher that they had been molested at the Centre by the Petitioner. The teacher reported the incident to the Ranipool Police Station. Following such report, all three girls were counselled by a Counsellor from the Child Welfare Centre. During the counselling, the other two girls admitted that their allegations against the Petitioner were false. That, the instant FIR has lodged on 27-02-2020 by two Members of the Child Welfare Committee alleging assault on the 11 year old minor victim by the Petitioner. Learned Counsel further canvassed the contention, that, on 28-02-2020 when the alleged victim w

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