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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Anga Bahadur Gurung – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT :
Meenakshi Madan Rai, J.
1. Dissatisfied and aggrieved by the Judgment, dated 29- 08-2023, in S.T. (POCSO) Case No.08 of 2022, of the Court of the Learned Special Judge (POCSO), West Sikkim, at Gyalshing, vide which the Appellant was convicted of the offence under Section 7 punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, “POCSO Act, 2012”) and under Section 354A(2) of the INDIAN PENAL CODE , 1860 (hereinafter, the “IPC”), and sentenced thereto, the instant Appeal has been preferred.
2. By an Order on Sentence of the same date, he was sentenced to undergo simple imprisonment for a term of three years and fined Rs. 5,000/- (Rupees five thousand) only, with a default clause of imprisonment, under Section 7 , punishable under Section 8 of the POCSO Act, 2012 and rigorous imprisonment for a term of one year under Section 354A(2) of the IPC. The sentences were ordered to run concurrently. The fine imposed was ordered to be paid to the victim in terms of Section 357(1)(b) of the Code of Criminal Procedure, 1973 (hereinafter, “Cr.P.C.”).
3. Learned Counsel for the Appellant/Convict contended that sexual intent which is the sine q
The court affirmed the conviction under the POCSO Act and IPC, finding sufficient evidence of sexual intent despite the appellant's claims of a lack of intent, supported by victim corroboration and a....
The prosecution must establish both the victim's age and the accused's specific intent for conviction under the POCSO Act, with intoxication acting as a potential defense only if it incapacitates the....
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
The conviction under the POCSO Act and IPC was upheld based on the victim's credible testimony and the established sexual intent of the Appellant.
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
Conviction for aggravated sexual assault under POCSO Act affirmed despite challenges on victim identification, reinforcing the principle that corroborative evidence suffices for conviction.
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....
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 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....
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