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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Ramesh Rai – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT :
Meenakshi Madan Rai, J.
1. Once again the prospect of determining an Appeal where the allegation is of an adult having sexually assaulted a minor girl child, aged about twelve years, stares us in the face, leading us to mull over moral turpitude and moral decadence in our society.
2. On 22-04-2020, the concerned Childline, through a source, received information that a child (PW-1) had been sexually assaulted by her stepfather. The team member of the Childline (PW-9) went to the area for verification and found that the minor child had been sexually assaulted by the Appellant. During counselling, the victim PW-1, revealed that the Appellant had been sexually assaulting her since a year ago but the incidents remained undisclosed by her, to her family members, due to fear of dire reprisal held out by the Appellant to the victim, should she reveal the acts perpetrated on her by him. On the night of 21-04-2020, when the child complained of sudden pain and began to cry, her mother PW-3, enquired of her as to the reason for her crying, whereby she narrated the ordeal of her being subjected to sexual assault by the Appellant, her stepfather since a year back. Consequently, Exbt P-4/
The court held that insufficient evidence for penetrative assault warrants acquittal under specific POCSO sections, yet convicted the appellant for lesser sexual assault under Section 9(n).
The appellant's position of trust and authority over the child victim led to his conviction under Section 6 of the POCSO Act.
Point of law: Section 42(A) of the POCSO Act, Section 31 of Cr.P.C., need not be strictly followed while awarding the punishment of imprisonment for offence under the POCSO Act.
Conviction for aggravated penetrative sexual assault was overturned due to lack of penetrative evidence; modified conviction for sexual assault under relevant sections of the POCSO Act was upheld.
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
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