Back
MEENAKSHI MADAN RAI
Ganesh Tamang – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The Prosecution narrative commences with the lodging of the FIR, Exhibit No.1, on 28-02-2016, at around 1800 hours by PW-3 the victim's father, informing that on the same date his seventeen year old daughter, PW-1, had been requested by the Appellant to assist him in some chores. That, she went as requested and helped the Appellant to carry manure till 02.00 p.m. The Appellant thereafter took her to a nearby river, for the purpose of carrying stones, at which time he sexually assaulted her by touching her inappropriately. She escaped from the predator's clutches and called PW-3 on his cell phone at around 04.00 p.m. and informed him of the incident. PW-3 hurriedly reached the house of PW-8, where the victim had taken shelter and took her to the Police Station, where he lodged Exhibit No.1. The Police Station registered a case against the Appellant under Section 354 of the Indian Penal Code, 1860 (hereinafter, the 'IPC'), read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the 'POCSO Act') and on the same day endorsed it to PW-10, the Investigating Officer (IO) for investigation. Charge-Sheet consequently
The court clarified that the status of a perpetrator as a public servant does not require them to act in that capacity during the commission of an aggravated sexual assault.
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....
Point of law: Since the appellant/accused had made the victim pregnant by his act of penetrative sexual assault the offence under Section 5(j)(ii) of the POCSO Act is also attracted and conviction of....
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....
The court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
The POCSO Act allows for conviction based on the victim's testimony, provided it is credible, with burden shifting to the accused under Section 29 to prove innocence.
Public documents, such as school admission registers, can be admitted as evidence without the original author’s testimony, provided they are maintained in the regular course of business.
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
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.
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
