State of Sikkim vs Prem Bahadur Biswakarma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Sikk) 33

THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
State of Sikkim – Appellant
Versus
Prem Bahadur Biswakarma – Respondent

Advocates Appeared:
For the Appellant : Mr. Yadev Sharma, Additional Public Prosecutor.
For the Respondent:Mr. Bhusan Nepal, Advocate (Amicus Curiae).

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-5 that, PW-1 aged about eleven years, who was living in the house of PW-4 and PW-7 and attending school, was “physically abused” by the Respondent a worker in the house of the paternal uncle of PW-4. The victim had confided in her teachers that the incident had occurred during the month o