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MEENAKSHI MADAN RAI
Ashish Manger – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The Appellant preferred an appeal against the impugned Judgment, dated 20-07-2023 and Order on Sentence, dated 25-07-2023, of the Court of the Learned Special Judge (POCSO Act, 2012), Gangtok, Sikkim (hereinafter, the 'Special Judge'), in ST (POCSO) Case No.11 of 2021 (State of Sikkim vs. Ashish Manger), by which the Appellant was convicted under Sections 9(l), 9(m), 9(n), all punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, 'POCSO Act'). He was sentenced to undergo rigorous imprisonment for five years each, under each of the sections convicted, which were ordered to run concurrently, with fine imposed under each of the sections and default clauses of imprisonment.
2. During the course of hearing, Learned Counsel for the Appellant raised the contention that the Learned Special Judge failed to notice during the trial that the Appellant was a minor at the time of offence. Pursuant thereto, an application under Section 9 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter, 'JJ Act'), dated 06-11-2023, came to be filed by the Appellant, being I.A. No.01 of 2023 in the sai
The court established that in cases of juvenility, the benefit of the doubt should favor the accused, and direct evidence from the victim is paramount in determining the facts.
The plea of juvenility can be raised at any stage, including appeal, and must be considered under the Juvenile Justice Act, 2015, allowing for modification of sentence based on age.
(1) Law provides full coverage to a person who is established to be a child on the date of offence, to avail benefits admissible to a child under 2015 Act even if case has been finally decided and al....
An individual assessed to be a juvenile at the time of offence must not be tried as an adult, with their age determination being essential for proper legal proceedings.
(1) Plea of juvenility can be raised before any Court and it shall be recognized at any stage, even after final disposal of case.(2) Rape and disappearance of evidence – Merits of conviction could be....
Procedure provided under Sections 15 and 19 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been held to be mandatory.
(1) Juvenile accused – Medical opinion based on Bone Ossification Test, is not entirely accurate – In a case of juvenility where two views are possible, liberal approach should be undertaken.(2) Bene....
Criminal Law – Murder – On the basis of the inquiry conducted as per our orders, it is found that appellant was a juvenile as on the date of commission of offence. In such circumstances, as the findi....
where it was found on enquiry that educational certificates were fabricated or manipulated, the Court could discard the date of birth as reflected therein.
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