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HIGH COURT OF SIKKIM
Meenakshi Madan Rai, Bhaskar Raj Pradhan, JJ
Dhan Kumar Chettri – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. overview of charges, conviction, and trial proceedings under the pocso act and ipc. (Para 1 , 2 , 3) |
| 2. assessment of the victim's testimony, minority status, and the impact of minor discrepancies in evidence. (Para 4 , 5 , 6 , 7) |
| 3. corroboration of the victim's account through the testimony of independent witnesses and police officers. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. application of s. 3(b) pocso act, affirmation of medical evidence, and upholding the sentence. (Para 14 , 15 , 16 , 17 , 18 , 19) |
Bhaskar Raj Pradhan, J.
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 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 , 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
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