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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Padam Bahadur Chettri – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT :
Meenakshi Madan Rai, J.
1. Being aggrieved by the Judgment of the Court of the Special Judge (POCSO Act, 2012), Gangtok, dated 19-06-2023, in Sessions Trial (POCSO) Case No.25 of 2019, this Appeal assails it. The Appellant was convicted of the offence under Section 9 (m) punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and consequently sentenced to undergo simple imprisonment for five years and to pay a fine of Rs. 5,000/- (Rupees five thousand) only. A default clause of imprisonment was imposed in the event of non- payment of fine. He was acquitted of the offence under Sections 9 (a)(iii) and 9(l) of the POCSO Act.
2. Learned Counsel for the Appellant raised the argument that at the relevant time the Appellant was inebriated and in no condition to have committed the alleged offence against PW-1. He remained asleep during the entire journey after he boarded the taxi, as vouched for by the evidence of PW-4, the taxi driver. Learned Counsel urged that the Prosecution case is unreliable as the vacillating statements of PW-6 viz., in the FIR Exhibit P-6/PW-6 where she stated that it was PW-1 who had informed her a
The prosecution must establish both the victim's age and the accused's specific intent for conviction under the POCSO Act, with intoxication acting as a potential defense only if it incapacitates the....
The court affirmed the conviction under the POCSO Act and IPC, finding sufficient evidence of sexual intent despite the appellant's claims of a lack of intent, supported by victim corroboration and a....
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
The conviction under the POCSO Act and IPC was upheld based on the victim's credible testimony and the established sexual intent of the Appellant.
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 main legal point established in the judgment is the interpretation and application of the provisions of the POCSO Act, specifically Section 7 read with Section 8, in determining the guilt of the ....
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.
(1) Most important ingredient for constituting offence of sexual assault under Section 7 of POCSO Act is “sexual intent” and not “skin to skin” contact with child.(2) Interpretation of Section 7 of P....
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