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MEENAKSHI MADAN RAI
Pema Tshering Bhutia – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. conviction of appellant and background details. (Para 1 , 2) |
| 2. arguments from the appellant and prosecution. (Para 3 , 4) |
| 3. court's consideration of minor age, evidentiary issues. (Para 5 , 6) |
JUDGMENT
Meenakshi Madan Rai, J. - The Appellant was convicted under Section 354 and Section 506 (First Part) of the INDIAN PENAL CODE , 1860 (for short 'IPC'), in Sessions Trial (POCSO, Act) Case No.05 of 2021, vide the impugned Judgment, dated 28-08-2021. By the impugned Order on Sentence, dated 31-08-2021, he was directed to undergo imprisonment for one year under Section 354 of the IPC, with fine of Rs.1,000/- (Rupees one thousand) only, and imprisonment of one year under Section 506 of the IPC, with fine of Rs.1,000/- (Rupees one thousand) only, both sentences of fine bore default clauses of imprisonment. The sentences of imprisonment were ordered to run concurrently. Aggrieved thereof, the Appellant is before this Court assailing both and seeking an acquittal.
2(i). The Prosecution case arose on the basis of Exhibit 1, an FIR, dated 06-04-2021, lodged by P.W.1, the District Child Protection Officer (DCPO), informing therein that the victim, P.W.9, aged about 11 years
Conviction cannot be sustained based on uncorroborated and inconsistent testimony of the victim, failing to meet evidentiary standards in sexual assault cases.
The court established that corroborative evidence from victims is essential for conviction and underlined the need for adherence to rights of sexual assault survivors during medical examinations.
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 acquittal of the respondent was upheld due to significant inconsistencies in the victim's testimony and lack of supporting evidence, emphasizing the importance of credible evidence in child sexua....
Minor discrepancies in victim testimony do not undermine the credibility of sexual assault claims under POCSO; conviction can still be upheld based on consistent evidence.
The court held that convictions under sexual assault statutes require robust proof beyond reasonable doubt, emphasizing the significance of consistent witness testimony and corroborative medical evid....
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
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