Crl. A. No. 01/2015. Case: State of Sikkim Vs Amit Darjee (Darnal). Sikkim High Court
| Case Number | Crl. A. No. 01/2015 |
| Counsel | For Appellant: S.K. Chettri and Pollin Rai, Asstt. Public Prosecutors and For Respondents: Chenga Doma Bhutia, Advocate on behalf of Jorgay Namka, Advocate (Legal Aid Counsel) |
| Judges | Sunil Kumar Sinha, C.J. and Sonam Phintso Wangdi, J. |
| Issue | Evidence Act (1 of 1872) - Section 79; Protection of Children from Sexual Offences Act (32 of 2012) - Section 3 |
| Citation | 2016 CriLJ523 |
| Judgement Date | September 25, 2015 |
| Court | Sikkim High Court |
Judgment:
Sunil Kumar Sinha, C.J.
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This Appeal is directed against the Judgment of acquittal dated 30.09.2014 passed by the Special Judge under Protection of Children from Sexual Offences Act, 2012, East Sikkim at Gangtok in ST (POCSO) Case No. 02 of 2014 (Old ST Case No. 17 of 2013). By the impugned Judgment, the respondent has been acquitted of the charges framed under Section 363 IPC and Section 3(a) read with Section 4 of the POCSO Act, 2012.
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The facts, briefly stated, are as under:--
2.1 The respondent and the victim (PW-2) were well known to each other. In the afternoon of 08.05.2013 the victim (PW-2), while returning to her house, met the respondent near Cooperative Stores at Sichey. The respondent suggested that they go for a walk. Accordingly they went to Devi Dhara at Sichey, where they remained together till 05.00 PM. From there, they went to Sichey Housing Colony and walked on the street till 07.00 PM and then proceeded to Modern School, where they reached at about 08.00 PM. According to the victim (PW-2), they stayed outside the School for quite a long time and thereafter they went into a classroom. There they stayed for whole night. The victim (PW-2) made allegations that the respondent, there committed sexual intercourse against her. In the following morning, i.e. on 09.05.2013, the respondent then left the victim (PW-2) to the house of her (victim's) friend at Arithang, Gangtok, where she stayed for the said day, but on the following day her friend's brother took the victim to her house and handed over to her father. Her father gave beating. The victim (PW-2) narrated the entire incidents to her mother Rubina Rai (PW-1), who lodged the First Information Report (Exhibit-1) on 10.05.2013.
2.2 The victim (PW-2) was claimed to be aged about 16 years on the date of incident. She was sent for her medical examination and was examined by Dr. Ritu Nath Deokota (PW-10), who found a contusion over her right cheek measuring 3 x 2 inches. This was the only external injury on her body. On internal examination, it was found that the victim (PW-2) was menstruating, her hymen was absent and the introitus admitted two fingers. There was fresh tear measuring 1 cm in the posterior commissure. The vaginal wash of the victim was sent to Pathology Department to detect the presence of spermatozoa. As per the Pathological Report there was no motile or non-motile spermatozoa detected in the specimen. The undergarments and blood samples were...
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