Case title: State of Sikkim v. Pintso Bhutia
Case no: Crl.A. No.11 of 2022
Order on: May 23, 2023
Quorum: THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI
Fact of the case:
The case involves an appeal filed by the State of Sikkim against the acquittal of the respondent, Pintso Bhutia, in a Sessions Trial (POCSO) Case. The prosecution’s narrative states that an FIR was lodged by the Ward Panchayat on behalf of the victim’s mother, alleging that the respondent attempted to rape the victim, a 10-year-old girl, at her aunt’s house. The victim reported that the respondent pinched her breast, causing her pain. Medical examination revealed tenderness on the victim’s breast.
Issues framed by the court:
- Whether the impugned Judgment acquitting the respondent can be considered as perverse, meaning “against the weight of evidence”.
- Whether the evidence presented by the prosecution is sufficient to convict the respondent under Section 9(m) of the POCSO Act.
- Whether formalities prescribed under Section 145 of the Indian Evidence Act, 1872 was complied with or not, as it was the duty of the Court to go through the Section 164 Cr.P.C. statement.
Legal provisions:
Section 378(1)(b) of the Code of Criminal Procedure, 1973 (CrPC): This provision deals with appeals against acquittal filed by the State.
Sections 8, 9(m), and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act): These sections define various sexual offenses against children and prescribe penalties for the same.
Section 354A(1)(i) of the Indian Penal Code, 1860 (IPC): This section deals with sexual harassment and prescribes punishment for the same.
Section 164 of the Code of Criminal Procedure, 1973 (CrPC): This section deals with recording of confessions and statements by the Magistrate.
Contentions of Appellant:
The victim, a 10-year-old girl, accused the respondent of sexually assaulting her by pinching her breast. The FIR was lodged immediately after the incident, and medical examination confirmed tenderness on the victim’s breast. The victim’s consistent statement and corroborative evidence from witnesses support the prosecution’s case. The trial court’s acquittal of the respondent is obstinate and against the weight of evidence. The Appellant argued that the respondent should be convicted under Section 9(m) of the POCSO Act.
Contentions of Respondents:
The respondent denied the allegations and claimed he was falsely implicated. Inconsistencies in the victim’s statement and lack of evidence from eyewitnesses cast doubt on the prosecution’s case. The victim’s statement changed between the FIR, Section 164 CrPC statement, and trial, undermining her credibility. Witness testimonies were not consistent and failed to establish the respondent’s guilt beyond reasonable doubt. The trial court’s acquittal was justified, and the appeal should be dismissed.
Court Analysis:
In this case, The court noted that the victim’s statement was consistent and corroborated by other witnesses. The court found the respondent’s defense unconvincing and noted discrepancies in his statements. The court observed that the victim’s tender age and the nature of the offense required careful consideration of her testimony. The court referred to precedents to establish that a victim’s testimony, if cogent and consistent, can lead to a conviction. The court found the respondent guilty under Section 9(m) of the POCSO Act and set aside the trial court’s acquittal. The court ordered the respondent to surrender for sentencing.
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Judgement Reviewed By- Antara Ghosh
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