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MEENAKSHI MADAN RAI
Pema Tshering Lepcha @ Mikmar – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The facts of the Prosecution case are that, on 31-03-2022, Exhibit P-1/PW-1, a Complaint was lodged by PW-1, the teacher of the school, where the victim, PW-6 was a Class VIII student. According to PW-1, she was informed by PW-6 that the Appellant had sexually harassed her on 29-03-2022 at around 03.00 p.m. at her residence, by touching her body and breasts. PW-1 then informed the Principal of the school, PW-2 and also lodged Exhibit P1/PW-1. Pursuant thereto, the criminal justice system was set into motion by registration of the case against the Appellant under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the "POCSO Act"). Investigation by the Investigating Officer (I.O.), PW-15, found prima facie materials against the Appellant under Section 354 of the Indian Penal Code, 1860 (hereinafter, the "IPC"), read with Section 10 of the POCSO Act. Charge-Sheet was submitted before the Court of the Learned Special Judge (POCSO Act), North Sikkim, at Mangan. The Learned Trial Court framed charge against the Appellant under Section 9(l) of the POCSO Act, punishable under Section 10 of the same Act and under Section 35
The court affirmed that procedural irregularities do not invalidate convictions if no prejudice is shown, emphasizing the trial court's discretion in adding charges.
A conviction under the POCSO Act requires a formal charge; without it, any judgment rendered is erroneous. Proper examination procedures for the accused must be observed to ensure a fair trial.
The minimum sentence under the POCSO Act must be imposed without discretion, ensuring adherence to the statutory provisions regarding child sexual offenses.
The trial court's failure to specify the charge under Section 4(1) or 4(2) of the POCSO Act resulted in an improper conviction and sentence, necessitating a remand for proper proceedings.
Conviction under POCSO Act modified from Section 6 to Section 10 due to evidentiary inconsistencies regarding penetration and charge alteration procedures impacting the defense.
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