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MEENAKSHI MADAN RAI
Deo Kumar Subba – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - Aggrieved with the Judgment and Order on Sentence in Sessions Trial (POCSO) Case No.02 of 2018, dated 30-06-2021, the Appellant assails both.
2(i). The Prosecution case arose on the basis of Exhibit 3, the First Information Report (hereinafter, the 'FIR'), lodged by P.W 2, the father of the victim on 01-08-2017, before the Sadar Police Station, Gangtok, informing therein inter alia that he lives with his two daughters aged about fourteen and nine years. That, the Appellant is his neighbour. On 31-07-2017, at about 5 p.m when the victim P.W 1 had gone to the house of P.W 8 for an errand, the Appellant came to the courtyard of the house of P.W 8, caught hold of the victim and molested her by groping at her breasts. On the following day, 01-08-2017, he followed P.W 1 to school and at lunch time he sent a student to call her to the school's lower gate, where, he again caught hold of her arms, gave her Rs.40/- (forty) forcibly and attempted to molest her. On both the above occasions she managed to free herself. That, the same evening when P.W 1 reached home after school and entered her home, the Appellant also forcibly entered and tried to rape her. That
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.
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 credibility of minor victims in sexual assault cases does not solely rely on medical evidence; their coherent testimony can suffice for conviction, supported by corroborative witness accounts.
The credibility of a victim's testimony, the nature of the offense under POCSO Act, and the lack of injury in a medical examination do not necessarily affect the establishment of guilt.
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 victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
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....
Conviction under POCSO Act requires corroboration of testimony, and sentencing can be reduced based on personal circumstances of the offender.
The conviction under the POCSO Act was upheld amidst witness discrepancies, highlighting the importance of victim's consistent testimony; sentence was modified to five years for proportionality based....
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