Sikkim High Court Upholds Conviction in POCSO Case: Detailed Case Analysis and Key Takeaways

Sikkim High Court Upholds Conviction in POCSO Case: Detailed Case Analysis and Key Takeaways

The Sikkim High Court has reaffirmed the conviction of an appellant under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The bench, comprising Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan, found the victim’s testimony to be consistent and credible throughout the trial and during the CrPC Section 164 statement recorded by a magistrate.

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Background of the Case

The appellant was convicted by the Special Trial Court for grave sexual assault on a minor girl, under POCSO Act Sections 5(m) and 5(l). The case involved the sexual exploitation of a six-year-old girl by the appellant on seven different occasions. The victim’s mother witnessed the last incident on June 4, 2022, leading to an FIR on June 12, 2022. The victim’s statement was recorded under CrPC Section 164 on June 21, 2022.

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Court’s Analysis and Findings

The court meticulously examined the victim’s testimony, noting her ability to describe the assault despite her young age. It was found that her statements recorded during the trial were consistent with those made to the magistrate.

Cross-Examination and Consistency of Testimony

The defense’s cross-examination failed to discredit the victim’s testimony. The court observed that her account of the assault remained consistent with the statement recorded under Section 164 CrPC, supported by testimonies from other prosecution witnesses.

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Addressing Defense Arguments

1. Alleged Contradictions: The appellant argued that there were discrepancies between the victim’s CrPC Section 164 statement and her testimony in court. Specifically, the victim initially stated that the appellant ‘attempted’ to insert his genitalia, while later she said he ‘inserted’ it. The court deemed this a minor discrepancy attributable to her young age.

2. Medical Evidence: The defense highlighted inconsistencies between the victim’s statement and medical evidence, particularly the intact hymen and lack of injury marks. The court clarified that the medical examination occurred several days post-incident. During cross-examination, the doctor indicated that injuries from sexual assault on minors might only be visible if examined immediately after the incident.

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Conclusion and Final Judgment

The High Court emphasized that the delay in medical examination could explain the absence of visible injuries. The corroboration from medical evidence and the victim’s consistent testimony led the court to uphold the trial court’s conviction.

The court concluded that despite the minor’s age, her testimony was of high quality and corroborated by medical evidence, reaffirming the appellant’s conviction.

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Case Title: Lendup Lepcha vs. State of Sikkim, CRL A. No. 12 of 2023.

Key Takeaways for Legal Practitioners

1. Victim Testimony: In POCSO cases, the consistency and clarity of the victim’s testimony, despite age, hold significant weight.
2. Medical Evidence Timing: Prompt medical examinations are crucial, though courts may account for delays in assessing evidence.
3. Minor Discrepancies: Courts may overlook minor discrepancies in statements, especially considering the victim’s age.

This case underscores the importance of a meticulous approach in handling sensitive cases involving minors and reinforces the judiciary’s commitment to upholding justice under the POCSO Act.

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