Back
HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Dhan Kumar Chettri @ Kumar Chettri S/o Late Kharka Bahadur Chettri – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT :
BHASKAR RAJ PRADHAN, J.
1. The appellant was convicted and sentenced under section 3(b) of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act) punishable under section 4 thereof. He was not punished for the same offence under section 9(l) and 9(m) punishable under section 10 of the POCSO Act and under section 354 of the Indian Penal Code, 1860 (for short, the IPC). The appellant was acquitted for the charge under section 3(a) punishable under section 4 and under section 5(l) and 5(m) punishable under section 6 of the POCSO Act, 2012 and under section 376- AB, 376(2)(n) of the IPC.
2. The FIR was lodged on 15.04.2020 against the appellant under section 354 of the IPC and section 8 of the POCSO Act on a complaint made by the victim’s mother (PW-2). After the charge-sheet was filed, the learned Special Judge framed eleven charges under sections 3(a), 3(b), 5(m), 5(l), 9(l), 9(m) of the POCSO Act and under sections 376-AB, 376(2)(n) and 354 of the IPC. The appellant pleaded not guilty and claimed trial. During the trial, the prosecution examined twelve witnesses including Tara Sharma (PW-12)- the Investigating Officer. The appellant’s statement
Victims of sexual crimes can be considered 'sterling witnesses' whose credible testimony, despite minor discrepancies, is sufficient for conviction under the POCSO Act.
In cases of sexual violence, a survivor's testimony, if credible and consistent, qualifies as that of a 'sterling witness,' justifying a conviction without independent corroboration. Minor inconsiste....
Penetrative sexual assault under S. 3(b) of the POCSO Act includes the insertion of any body part, other than the penis, into the anus of a child, and such conviction is sustainable where the victim'....
Credible victim testimony can support conviction, but prosecution must prove guilt beyond a reasonable doubt, which requires clear evidence not based on conjectures.
In sexual assault cases involving minors, the victim's testimony holds significant weight and need not be corroborated unless substantial reasons exist; even minimal penetration suffices to establish....
The reliability and trustworthiness of the testimony of the prosecutrix are crucial in cases involving offenses against minors, and even if the medical evidence does not support the prosecution case,....
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The credibility of a victim's testimony, the nature of the offense under POCSO Act, and the lack of injury in a medical examination do not necessarily affect the establishment of guilt.
The victim's testimony in a rape case does not require corroboration, and penetration, however slight, is sufficient to constitute rape.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
