Back
THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
State of Sikkim – Appellant
Versus
Suresh Pradhan – Respondent
JUDGMENT :
Meenakshi Madan Rai, J.
1. The minor victims, PW-1 aged about 16 years and PW- 2 aged about 14 years, are said to have been the victims of sexual assault perpetrated on them by their biological father, aged about 44 years. The last incident having occurred on 25-08-2020. This allegation came to light on the lodging of the FIR, Exhibit 3, by PW- 3 and PW-7, Team Members of the Childline Sub-Centre of the concerned area, on 26-08-2020. It was informed therein that the two minor girls were rescued by the relevant Childline Sub-Centre on information received at the Childline Helpline No.1098 at 11 a.m. the same day. Pursuant thereto, the matter came to be registered at the concerned Police Station under Section 376 of the INDIAN PENAL CODE , 1860 (hereinafter, “IPC”), read with Sections 4 /6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, “POCSO Act”) against the Respondent.
2. The matter was investigated into by PW-14 the IO of the case, who submitted Charge-Sheet against the Respondent under the afore-mentioned legal provisions. Charge was framed by the Learned Trial Court against the Respondent under Sections 5 (n)/6, 9(n)/10, 9(l)/10 of the POCSO
The appellate court reversed the acquittal in a child sexual assault case, emphasizing meticulous evaluation of victim testimony and the necessity of adhering to POCSO Act provisions for the protecti....
(1) Omission in charge – Court is not to be restricted by technicalities as its main concern is to assess whether accused had fair trial and was aware of offence that he was being tried for.(2) Appre....
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.
Section specifically exonerates a child from being proceeded against under S.22.
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 upheld the conviction for aggravated sexual assault under the POCSO Act, emphasizing the sufficiency of evidence despite procedural claims of the defence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
