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HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Dhiran Chettri – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. overview of prosecution case and trial record history. (Para 1) |
| 2. parties' contentions regarding victim credibility and sexual assault. (Para 2 , 3) |
| 3. legal standard for assessing the victim's testimony in sexual assault cases. (Para 4 , 5 , 7) |
| 4. evaluation of evidentiary consistency and corroborative witness testimony. (Para 6 , 8) |
| 5. proof of age and determination of consensual sexual relations. (Para 9) |
| 6. acquittal of charges and directions for release. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
JUDGMENT :
MEENAKSHI MADAN RAI, J.
1. The Prosecution case commenced with the lodging of the FIR (Exbt P-1/PW-1) by PW-1, the uncle of the victim, alleging that on 07-02-2022, PW-2, his niece, the victim had gone for tuition. She called him up that evening from her friend’s mobile to inform him that she would sleep over at her friend’s house and return the next morning. When she failed to return the next morning, he set out to look for her. She was traced at 02.00 p.m., on 08-02-2022, near the town butchers shop. On enquiry from her, she reported that the Appellant had taken her to an abandoned building and raped her there:
(i) Charge-sheet was submitted against the Appe
In sexual assault cases, the sole testimony of a victim must be of sterling quality and consistent to support a conviction. Where such testimony is marred by material inconsistencies and lacks indepe....
In the absence of independent corroboration, the testimony of a prosecutrix in a sexual assault case must be of 'sterling quality' and absolutely trustworthy to sustain a conviction; if the evidence ....
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....
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.
There are a number of rooms at the said place and apart from Appellants other employees of relevant Company also resided in the same house at the relevant time, although he had not mentioned their de....
In sexual assault cases under the POCSO Act, the prosecution must provide overwhelming evidence beyond the victim's testimony, which must be credible and consistent.
In the absence of corroborating evidence, a conviction for sexual assault relies on the victim's testimony being clear, consistent, and credible. If the victim's account is vacillating or contradicto....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
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