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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
State of Sikkim – Appellant
Versus
Prem Bahadur Biswakarma – Respondent
| Table of Content |
|---|
| 1. details of the acquittal and charges. (Para 1) |
| 2. contentions of the prosecution and defense. (Para 2 , 3) |
| 3. court's observations on evidence credibility. (Para 4) |
| 4. clarification on legal sections applied. (Para 5) |
| 5. final conclusion and dismissal of appeal. (Para 6 , 7) |
JUDGMENT :
Meenakshi Madan Rai, J.
1. The Respondent was acquitted of the charges framed against him under Section 451 of the INDIAN PENAL CODE , 1860 (hereinafter, the “IPC”); Section 5 (m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the “POCSO Act”) read with Section 5 11 of the IPC, as also under Section 7 punishable under Section 8 of the POCSO Act, vide the impugned Judgment, dated 27-04-2021, in Sessions Trial (POCSO) Case No.26 of 2018 (State of Sikkim vs. Prem Bahadur Biswakarma), by the Court of the Learned Special Judge (POCSO), East Sikkim, at Gangtok. Aggrieved, the State-Appellant has assailed the Judgment.
(i) The Prosecution case commenced with the lodging of the FIR Ext 1, by PW-2 the Principal of the School, where PW-1 the victim was a student. It was reported therein that PW-2 learnt through two of her teachers PW-3 and PW
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....
In the absence of conclusive documentary proof establishing a victim's minority beyond reasonable doubt, a conviction under a special child protection statute cannot be sustained, though the court ma....
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 prosecution bears the burden of proving the age of the victim to justify charges under special protective statutes. Absent reliable proof of minority and convincing evidence of non-consent, an ac....
Statements recorded under Section 164 of the Code of Criminal Procedure are not substantive evidence and serve only to corroborate or contradict during trial under strict procedural compliance. Conse....
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 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.
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).
A conviction for sexual assault cannot be based on inconsistent testimony alone if it lacks corroboration from forensic or medical evidence. The court must evaluate defense and prosecution witnesses ....
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