Back
THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Bickey Pariyar alias Darjee – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. factual background of pocso conviction and procedural history. (Para 1 , 2 , 6) |
| 2. contentions regarding age proof and consent in pocso matters. (Para 3 , 4) |
| 3. admissibility and evidentiary value of birth certificates and school records. (Para 7 , 8 , 9 , 10) |
| 4. strict requirements for proving age and sexual assault elements beyond reasonable doubt. (Para 11 , 12 , 13 , 14 , 15) |
| 5. dissenting view on sufficiency of evidence and statutory presumptions under jj act. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 6. statutory mandate to apply jj act for age determination in pocso cases. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44) |
JUDGMENT :
Meenakshi Madan Rai, J.
1. This Appeal calls into question the Judgment, dated 29- 11-2023, in S.T. (POCSO) Case No.51 of 2021, of the Court of the Learned Special Judge (POCSO Act, 2012), Gangtok, Sikkim, vide which, the Appellant was convicted of the offence under Section 4(2) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, “”) and sentenced to undergo simple imprisonment for a term of twenty years under Section 4(2) of the and to pay a fine of Rs. 2,000/- (Rupees two thousand)only,
Under protective sexual offence legislation, the consent of a minor is legally invalid. Age determination must prioritize official public documents, which are admissible without formal proof under th....
The court held that the prosecution failed to prove the victim's age beyond reasonable doubt, emphasizing that consent from a minor is not legally valid under the POCSO Act.
In sexual assault cases involving a minor, consent is legally void. Public documents such as birth certificates and school registers are admissible as primary evidence of age under statutory presumpt....
Rape of minor girl - Conviction set aside - Subsequent refusal to marry cannot be come within the purview of cheating.
The court reaffirmed that the victim's testimony is decisive in sexual offence cases, and a minor's age must be established based on consistent evidence, including oral testimonies.
The court established that unreliable age evidence and inconsistencies in the victim's account, coupled with her prior consent, undermined the conviction under the POCSO Act.
In criminal trials for sexual offences, failure to cogently establish the victim's minority through reliable birth and school records, combined with evidence indicating a consensual relationship, pre....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
The court ruled that the prosecutrix was above 18 years and a consenting party, negating the applicability of POCSO Act provisions.
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
