Conviction under POCSO Act reinforced; Rs. 6 lakh compensation awarded to the victim
In a significant ruling, the Sikkim High Court has upheld the conviction and 20-year imprisonment of Krishna Chettri for committing aggravated penetrative sexual assault on a five-year-old child. The decision, delivered by a bench consisting of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan, reinforces the initial judgment passed by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The court confirmed that the evidence presented, including the victim's testimony and corroborative medical reports, was sufficient to uphold the conviction under Sections 3(b) and 5(m) of the POCSO Act. The verdict noted that the victim, despite her young age, provided consistent and credible testimony against the accused, identifying him and detailing the assault. The medical examination revealed injuries consistent with her allegations, further substantiating the charge of penetrative sexual assault.
The court also addressed the issue raised by the appellant's counsel, who contested the nature of the assault, arguing that it did not constitute penetrative sexual assault. However, the bench found that the evidence clearly demonstrated such an assault, given the victim's explicit description and the corroborating medical findings.
Furthermore, the court dismissed the need for a separate penalty under the Indian Penal Code (IPC) Sections 376(1) and 376(3), citing Section 42 of the POCSO Act, which allows for punishment under the Act where it is greater than that under the IPC for the same offense.
Additionally, the High Court upheld the victim compensation of Rs. 6,00,000 as awarded by the trial court, acknowledging the gravity of the offense and the impact on the victim's life.
The judgment concluded with a directive to the trial court to ensure clarity in sentencing under specific sections and emphasized the necessity of conducting POCSO proceedings with sensitivity to the victim's trauma.
Bottom line:-
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) - Conviction under Sections 3(b) and 5(m) for penetrative and aggravated penetrative sexual assault on a child below twelve years - Evidence of victim corroborated by medical reports and eyewitness testimony considered sufficient for conviction.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 3(b), 4, 5(m), 6, 42; Indian Penal Code, 1860 Sections 376(1), 376(3); Criminal Procedure Code, 1973 Section 354.
Krishna Chettri v. State of Sikkim, (Sikkim)(DB) : Law Finder Doc id # 2889655
