The Sikkim High Court has upheld a conviction under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), while holding that that the victim's testimony during the trial was truthful and consistent with her statement recorded by the Magistrate under Section 164 of the Code of Criminal Procedure, 1973 (CrPC).

In that context, the Bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan observed that, "This is a case in which the victim‟s statement is cogent and truthful. It is also corroborated by other prosecution evidence which leads us to believe that what she states is true. The medical evidence supports the victim‟s deposition of aggravated penetrative sexual assault by the appellant."

The appellant was convicted under Section 5(m) and Section 5(l) of the POCSO Act by the Special Trial Court for aggravated penetrative sexual assault on a child below twelve years.

According to the prosecution case, the victim, a six-year-old child, was sexually assaulted by the appellant seven times at different locations. The victim's mother witnessed the last incident at their home on 04.06.2022. She threw away the victim's underwear and bathed her after the assault. The first information report (FIR) was lodged on 12.06.2022, and the victim gave her statement to the Magistrate under Section 164 Cr.PC on 21.06.2022.

The High Court upheld the validity of the victim's deposition, which was of "sterling quality inspite of her tender age" along with corroborative medical evidence.

Cause Title: Lendup Lepcha vs State of Sikkim

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Sikkim High CourtJustice Meenakshi Madan RaiJustice Bhaskar Raj PradhanPOCSO Act

Ananya Soni