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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
State of Sikkim – Appellant
Versus
Suresh Pradhan – Respondent
| Table of Content |
|---|
| 1. victims' allegations and initial investigation. (Para 1 , 2) |
| 2. prosecution’s arguments for conviction. (Para 3 , 4) |
| 3. court's analysis of evidence and witness credibility. (Para 8 , 9) |
| 4. review of acquittal standards and legal principles. (Para 10 , 11 , 18) |
| 5. final verdict and sentencing considerations. (Para 20 , 21 , 22 , 23) |
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 O
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.
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