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HIGH COURT OF SIKKIM
MADAN GURUNG – Appellant
Versus
STATE OF SIKKIM – Respondent
JUDGMENT :
Meenakshi Madan Rai, J.
1. The Appellant calls into question the Judgment of the Special Judge (POCSO Act, 2012), dated 27-09-2023, in S.T. (POCSO) Case No.50 of 2019, by which he was convicted for the offence under Section 376 Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for a term of ten years and to pay a fine of Rs. 5,000/- (Rupees five thousand) only, under the said provision of law with a default stipulation.
2. It is submitted by Learned Counsel for the Appellant that, the Appellant has not committed the offence of rape on the alleged victim, who is his daughter and that, he has in his examination under Section 313 of Code of Criminal Procedure, 1973 (Cr.P.C.), clearly denied such allegations made against him. It has emerged in the evidence of PW-7, wife of the Appellant, that, the victim was in the habit of going around with the boys and was not interested in her education. The witness has also deposed that, the victim did not complain to her about the Appellant touching her inappropriately. That, the allegations against the Appellant by the victim emanate from the fact that the Appellant was a strict father. The victim was not amenable to
The court affirms that minor victims' testimonies can be solely relied upon in sexual offence cases, provided they are credible, and clarifies that penetration into external genitalia suffices to con....
The court held that insufficient evidence for penetrative assault warrants acquittal under specific POCSO sections, yet convicted the appellant for lesser sexual assault under Section 9(n).
The minimum sentence under the POCSO Act must be imposed without discretion, ensuring adherence to the statutory provisions regarding child sexual offenses.
The court established that corroborative evidence from victims is essential for conviction and underlined the need for adherence to rights of sexual assault survivors during medical examinations.
The court clarified that in cases of child sexual abuse, the definitions under the PoCSO Act take precedence, and dual sentencing under IPC and PoCSO Act is not permissible when one provides a greate....
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
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 that the victim's credible testimony, corroborated by medical evidence, suffices for conviction under sexual assault laws, despite minor contradictions.
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