By Shazia Siddiqui

The Sikkim High Court recently upheld a conviction under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), in a case involving aggravated penetrative sexual assault on a child under the age of twelve. Initially, the appellant had been found guilty by the Special Trial Court for multiple instances of assaulting a six-year-old victim at various locations. The final incident, witnessed by the victim’s mother at their home on June 4, 2022, prompted her to file a First Information Report (FIR) on June 12, 2022.

The crux of the case revolved around the testimony of the young victim, which the High Court deemed consistent and credible. Her statement under Section 164 of the Code of Criminal Procedure, 1973 (CrPC), recorded by a Magistrate, was upheld as truthful and remarkable given her tender age. This assessment was supported by medical evidence that corroborated her account of aggravated penetrative sexual assault by the appellant.

In affirming the lower court’s decision, Justices Meenakshi Madan Rai and Bhaskar Raj Pradhan highlighted the compelling nature of the victim’s testimony, stating, “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.”

Consequently, the High Court upheld the appellant’s conviction under Sections 5(m) and 5(l) of the POCSO Act. This ruling underscores the judiciary’s commitment to protecting child victims and ensuring justice through meticulous scrutiny of evidence and testimony.

The case originated from allegations that the appellant had sexually assaulted the young victim on multiple occasions. The assaults reportedly occurred at different locations, culminating in the incident witnessed by the victim’s mother at their residence. Disturbed by what she saw, the mother took immediate action by disposing of the victim’s underwear and bathing her after the assault. Subsequently, she filed an FIR, setting off legal proceedings against the appellant.

During the trial, the prosecution presented the victim’s detailed testimony, supported by medical evidence. The victim’s statement before the Magistrate was particularly crucial, as it provided a firsthand account of the traumatic experiences she had endured. Despite her young age, the High Court noted the clarity and consistency in her testimony, describing it as “of sterling quality.”

The judges emphasized that the victim’s statement stood out for its coherence and internal consistency, further reinforced by other evidence presented by the prosecution. They underscored the importance of such testimony in cases involving crimes against children, where the reliability of witnesses can significantly impact the outcome of judicial proceedings.

In upholding the appellant’s conviction, the High Court affirmed the Special Trial Court’s findings based on the compelling nature of the evidence presented. The judges’ decision reflected a careful consideration of all aspects of the case, including the victim’s testimony and corroborative medical evidence.

Overall, the ruling serves as a testament to the judicial system’s commitment to protecting the rights of child victims and ensuring accountability for perpetrators of sexual offenses. It underscores the significance of credible witness testimony and thorough scrutiny of evidence in delivering justice in such sensitive cases. The judgment reaffirms the principles enshrined in the POCSO Act, aimed at safeguarding children from sexual exploitation and abuse, and highlights the judiciary’s role in upholding these protections.

Case Title: Lendup Lepcha vs State of Sikkim

Citation: CRL. A. No. 12 of 2023 

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