JUDGMENT 

Date of Hearing : 20^th April, 2026 Date of Judgment : 29th May, 2026 Date on which uploaded: 29^th May, 2026

Bhaskar Raj Pradhan, J.

The appellant stands convicted and sentenced for rape under Section 376(1) of the Indian Penal Code, 1860 (IPC). He has been sentenced for ten years rigorous imprisonment with a fine of Rs.5000/-. The victim has been recommended for award of compensation to a sum of Rs.1,00,000/- under the Sikkim Compensation to Victims (or their Dependents) Scheme, 2021.

2. The appellant assails the impugned judgment dated 21.08.2024 and the order on sentence dated 22.08.2024 passed by the learned Special Judge, POCSO Act, Gangtok, Sikkim in S.T. (POCSO) Case No.14 of 2022.

3. Heard Mr. N. Rai, learned Senior Advocate for the appellant and Mr. Yadev Sharma, learned Additional Public Prosecutor for the State.

The arguments

4. The learned Senior Counsel for the appellant submits that the defence demolished the medical evidence of the prosecution during the trial. According to him, the medical and forensic reports do not suggest sexual assault; that even if the prosecution has been able to establish rape upon the victim, the appellant‟s guilt was not proved; that the