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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Dewman Subba – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT :
Meenakshi Madan Rai, J.
1. The instant appeal pertains to the sodomy of PW-4, the victim, aged about ten years, by the Accused-Appellant, then aged about thirty-nine years. The FIR, Exbt 2, was lodged on 09-02- 2021 by PW-3, the victim’s father, informing therein that the Appellant had inserted his penis into the mouth and anus of the child, PW-4, during January, 2021. PW-5 his wife, informed PW-4 of the acts of sexual assault. The Complainant then verified it from the victim who had affirmed the fact to him. The incidents occurred in the month of January, 2021 and had been perpetrated on the victim around eight times. The FIR came to be registered against the Appellant under Sections 4 and 7 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, “POCSO Act, 2012”) and Section 377 of the INDIAN PENAL CODE , 1860 (hereinafter, “IPC”). Investigation was endorsed to PW-14, the Investigating Officer (IO) of the case, who on completion thereof filed Charge-Sheet against the Appellant under Sections 4 and 7 of the POCSO Act, 2012 read with Sections 377 and 506 of the IPC. The Learned Special Judge, POCSO, framed Charge against the Appellant under Section 377
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 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....
The court emphasized that mere admissibility of evidence does not establish its probative value, particularly when witness testimonies are inconsistent and influenced, raising reasonable doubt regard....
The judgment reinforces that delays in reporting sexual offenses against minors do not invalidate the prosecution's case if corroborated by credible evidence.
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 importance of proving the victim's age and the need for corroboration of the victim's testimony in cases of sexual offences.
Corroboration of the victim's testimony by medical evidence and the Forensic Science Laboratory report is crucial in establishing the commission of the offence.
Aggravated penetrative sexual assault – In case victim is a girl child, medical examination shall be conducted by a woman doctor.
The court established that credible witness testimony is essential in sexual assault cases, particularly involving minors, and modified the sentence based on the nature of the crime and the age of th....
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