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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
State of Sikkim – Appellant
Versus
Pema Wangchuk Lepcha – Respondent
JUDGMENT :
Meenakshi Madan Rai, J.
1. The facts of the case leading to the instant Appeal are that the First Information Report (FIR), Exhibit 4, was lodged by PW-2, the Principal of the school where the victim was studying at the relevant time. It was reported in Exhibit 4 that, on observing PW-1, the victim, a student in the school, she appeared to be in physical discomfort. Accordingly, on the pretext of a medical examination she was taken to the Primary Health Centre (PHC) and made to undergo her urine examination, which tested positive for pregnancy. PW-1 told PW-2 that, on the evening of 15-08-2019 when she was returning home, the Accused/Respondent had physical relations with her in a nearby jungle at around 05.00 p.m. Based on Exhibit 4, a case under Section 376 of the INDIAN PENAL CODE , 1860 (hereinafter, the “IPC”) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the “POCSO Act”) was registered against the Respondent by the concerned Police Station and taken up for investigation. Finding sufficient prima facie materials against the Respondent, Charge-Sheet was submitted against him under Section 376 of the IPC, read with Sec
The testimony of a victim in sexual assault cases must be credible, and acquittal is warranted when evidence, such as DNA profiling, undermines prosecution claims.
The acquittal of the respondent was upheld due to significant inconsistencies in the victim's testimony and lack of supporting evidence, emphasizing the importance of credible evidence in child sexua....
Minor discrepancies in victim testimony do not undermine the credibility of sexual assault claims under POCSO; conviction can still be upheld based on consistent evidence.
The appellate court ruled that the victim’s credible testimony, corroborated by medical evidence, was sufficient to overturn the trial court's acquittal and convict the main respondent under the POCS....
In sexual assault cases, the victim's testimony must be credible and corroborated by reliable evidence to support a conviction.
The judgment reinforces that delays in reporting sexual offenses against minors do not invalidate the prosecution's case if corroborated by credible evidence.
Evidence of the prosecutrix if inspires confidence of the Court, can be accepted without there being any corroboration.
The prosecution must prove guilt beyond a reasonable doubt, and the victim's testimony must be credible and supported by evidence for a conviction in sexual assault cases.
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