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MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Thutop Namgyal Bhutia @ Aku Namgyal – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The Appellant is aggrieved by the impugned Judgment which convicted him of the offence under Sections 376 and 354 of the INDIAN PENAL CODE , 1860 (for short 'IPC'), in Sessions Trial (POCSO, Act) Case No.04 of 2021, dated 28-08-2021. He was sentenced to undergo imprisonment for a period of 10 (ten) years under Section 376 of the IPC, with fine of Rs.5,000/- (Rupees five thousand) only, and a default clause of imprisonment, vide Order on Sentence dated 31-08-2021. No sentence was imposed upon the convict under Section 354 of the IPC, in view of the provisions of Section 220(5) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') read with Section 71 of IPC.
2(i). The Prosecution case is founded on Exhibit 9, the FIR dated 06-04-2021, lodged by P.W.9, the District Child Protection Officer (DCPO) of the area concerned, informing therein that the victim P.W.10, Prosecutrix No.1 (hereinafter, 'P.W.10') on 05-04- 2021, during counselling, revealed that in the year 2019 at the time of her cousin's death, the Appellant committed aggravated penetrative sexual assault on her and her cousin P.W.1, Prosecutrix No.2 (hereinafter, 'P.W.1') in his room
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.
Conviction cannot be sustained based on uncorroborated and inconsistent testimony of the victim, failing to meet evidentiary standards in sexual assault cases.
It is the duty of the court to examine the broader probabilities of a case and should not get swayed by minor contradictions or insignificant discrepancies in the statement of the prosecutrix, which ....
Conviction for sexual assault can rely on victim testimony alone, even in the absence of physical evidence, provided the testimony is credible.
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 necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
The court affirms that minor victims' testimonies can be solely relied upon in sexual offence cases, provided they are credible, and clarifies that penetration into external genitalia suffices to con....
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