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MEENAKSHI MADAN RAI
Leela Raj Biswakarma Alias Ghattey Kaila – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The Appellant impugns the Judgment and Order on Sentence, both dated 25.02.2021, passed by the Court of the Learned Special Judge, Protection of Children from Sexual Offences Act, 2012 (for short, the 'POCSO Act'), West Sikkim at Gyalshing, in S.T. (POCSO) Case No.01 of 2020, convicting the Appellant of the offence under Section 9 (m) punishable under Section 10 of the POCSO Act and sentencing him to undergo Rigorous Imprisonment for a term of six years and to pay fine of Rs.5,000/- (Rupees five thousand) only, with default clause of Rigorous Imprisonment for one year.
2. The Prosecution case is that on 13.11.2019, the parents of the minor Victim (aged about six years) were at work, leaving her and her infant brother (aged about two years) alone at home. The same day, around 13:00 Hrs, the Appellant took the Victim and her brother to his house. At around 13:30 Hrs when P.W.4, a co-villager, stopped by the Appellant's house to check on the Appellant's wife's health, she allegedly saw the Victim with the lower part of her body naked on the Appellant's bed, in his room. The Appellant covered himself with a quilt. Shocked at the sight, P.W.4 took the m
Conviction under POCSO Act requires corroboration of testimony, and sentencing can be reduced based on personal circumstances of the offender.
The court held that insufficient evidence for penetrative assault warrants acquittal under specific POCSO sections, yet convicted the appellant for lesser sexual assault under Section 9(n).
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The minimum sentence under the POCSO Act must be imposed without discretion, ensuring adherence to the statutory provisions regarding child sexual offenses.
Conviction for aggravated penetrative sexual assault was overturned due to lack of penetrative evidence; modified conviction for sexual assault under relevant sections of the POCSO Act was upheld.
The requirement for proving penetration in cases under the POCSO Act is critical, and lack of substantial medical evidence necessitates modification of charges.
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....
The conviction under the POCSO Act and IPC sections for sexual offenses against a minor was upheld due to consistent corroborative evidence, despite challenges regarding victim's age.
Failure to disprove the accusations leads to conviction under the POCSO Act despite absence of physical evidence.
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