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HIGH COURT OF SIKKIM
Meenakshi Madan Rai, Bhaskar Raj Pradhan, JJ
Robin Gurung – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. factual background, evidence delay, and conviction challenges. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. evidence of the victim and corroboration requirements. (Para 12 , 13 , 14 , 15 , 16) |
| 3. consent of a minor is invalid for sexual acts. (Para 17 , 18) |
| 4. absence of physical injury does not disprove sexual assault. (Para 19 , 20) |
| 5. veracity of age determination through birth certificates. (Para 21) |
| 6. delay in fir registration is often excusable in sexual offences. (Para 22 , 23) |
| 7. consistency of victim testimony suffices for conviction. (Para 24 , 25 , 26 , 27) |
| 8. appellate courts uphold convictions despite trial court procedural errors. (Para 28 , 29) |
| 9. mandatory protection of victim identity in pocso cases. (Para 30 , 31 , 32 , 33) |
| 10. final orders, compensation, and procedural directives. (Para 34 , 35 , 36 , 37) |
JUDGMENT
Meenakshi Madan Rai, J.
1. Aggrieved by the Judgment and Order on Sentence, dated 30-09-2016, of the Learned Special Judge (POCSO Act, 2012), South Sikkim, at Namchi, in Sessions Trial (POCSO) Case No.21 of 2015, State of Sikkim vs. Robin Gurung, the instant Appeal has been preferred.
2. Vide the impugned Judgment, the Appellant was con
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