Back
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Ash Bahadur Subba – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - (i). The Appellant, aged about 40 years, was accused of having committed the offence of aggravated penetrative sexual assault, as defined under Section 5 (m) of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), on the victim, aged about 10 years. Exhibit 2, the FIR, came to be lodged on 12-10-2019 by P.W.2, the victim's mother, alleging therein that on 05-10-2019, at around 3 p.m., she had gone to wash utensils, at a nearby water source, close to the house of the Appellant, having left her daughter the victim (P.W.1) alone at home. When she returned home after her chore and entered the house, suddenly she heard her child scream. Hurriedly she entered the room where she saw the Appellant committing penetrative sexual assault on the victim, mortified, she reprimanded the Appellant.
(ii) The concerned Police Station registered the FIR on the same day against the Appellant under Section 376 of the INDIAN PENAL CODE , 1860 (for short 'IPC') read with Sections 6 /10 of the POCSO Act. During investigation, the victim's statement under Sections 161 and 164 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') were
The prosecution must provide substantial proof in sexual assault cases; the absence of medical evidence undermines the victim's testimony without corroboration.
The judgment reinforces that delays in reporting sexual offenses against minors do not invalidate the prosecution's case if corroborated by credible evidence.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
Point of law: Section 42(A) of the POCSO Act, Section 31 of Cr.P.C., need not be strictly followed while awarding the punishment of imprisonment for offence under the POCSO Act.
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).
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
