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HIGH COURT OF SIKKIM
SANJAY DARJEE – Appellant
Versus
STATE OF SIKKIM – Respondent
JUDGMENT :
Meenakshi Madan Rai, J.
1. The Appellant was convicted of the offences under Section 3(a), punishable under Section 4 and Section 5, punishable under Section 6, of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, the “POCSO Act”), vide the impugned Judgment dated 24-04-2024, in ST (POCSO) Case No.12 of 2022, in the Court of the Special Judge (POCSO Act, 2012), Gangtok, Sikkim. On 29-04-2024, he was sentenced to undergo rigorous imprisonment for a period of twenty years and fined Rs. 2,000/- (Rupees two thousand) only, for the offence under Section 5(m), punishable under Section 6 of the POCSO Act with a default stipulation. While sentencing the Appellant under Section 5(m)/6 of the POCSO Act, the Court reasoned that, as the victim was below twelve years of age, the convict was sentenced under Section 6 of the POCSO Act, for aggravated penetrative sexual assault. He was therefore not required to be sentenced for the same offence under Section 4 of the POCSO Act as the penalty prescribed under Section 6 of the POCSO was greater in degree.
(i) Aggrieved by the Judgment and Sentence, the Appellant is before this Court, impugning both.
2. The Prosecution na
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....
Conviction for aggravated sexual assault under POCSO Act affirmed despite challenges on victim identification, reinforcing the principle that corroborative evidence suffices for conviction.
The prosecution must provide substantial proof in sexual assault cases; the absence of medical evidence undermines the victim's testimony without corroboration.
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....
(1) It is only when there is penetrative sexual assault which implies sexual contact with or without consent of minor victim, that offences under POCSO Act are committed.(2) Only in absence of birth ....
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....
Conviction cannot be sustained based on uncorroborated and inconsistent testimony of the victim, failing to meet evidentiary standards in sexual assault cases.
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