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MEENAKSHI MADAN RAI
Bijay Chettri – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai; ACJ. - The Victim in the instant case was at the time of the alleged offence, seven years old, the Appellant was thirty eight years old. The Appellant is before this Court assailing the Judgment and Order on Sentence of the Learned Special Judge, Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”), South Sikkim at Namchi, in Sessions Trial (POCSO) Case No.33 of 2018, dated 02.02.2021. He stood convicted under Section 9 (m) of the POCSO Act and was sentenced to undergo Simple Imprisonment for a period of five years and to pay a fine of Rs.5,000/- (Rupees five thousand) only, with a default Clause of Imprisonment. Set off was granted in terms of Section 428 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”).
2. The grounds raised herein by the Appellant are that; (i) The Victim did not identify the Appellant in the Courtroom; (ii) The testimony of the Victim was not of sterling quality and the Learned Trial Court placed reliance on the Section 164 Cr.P.C. Statement of the Victim to convict the Appellant, despite the Statement being at variance from her Statement before the Learned Court. Hence, the Appellant deserves
Conviction for aggravated sexual assault under POCSO Act affirmed despite challenges on victim identification, reinforcing the principle that corroborative evidence suffices for conviction.
(1) It is only when there is penetrative sexual assault which implies sexual contact with or without consent of minor victim, that offences under POCSO Act are committed.(2) Only in absence of birth ....
A conviction under the POCSO Act requires corroborative evidence beyond mere victim testimony; failure to prove victim's age and the circumstances surrounding the allegation renders the prosecution c....
The prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
The court emphasized that mere admissibility of evidence does not establish its probative value, particularly when witness testimonies are inconsistent and influenced, raising reasonable doubt regard....
The prosecution failed to prove the victim's age as a minor, undermining the conviction for sexual offences under IPC and POCSO Act.
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