ASHISH MANGER Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Appellant preferred an appeal against the impugned Judgment, dtd. 20/7/2023 and Order on Sentence, dtd. 25/7/2023, of the Court of the Learned Special Judge (POCSO Act, 2012), Gangtok, Sikkim (hereinafter, the 'Special Judge'), in ST (POCSO) Case No.11 of 2021 (State of Sikkim vs. Ashish Manger), by which the Appellant was convicted under Ss. 9(l), 9(m), 9(n), all punishable under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, 'POCSO Act'). He was sentenced to undergo rigorous imprisonment for five years each, under each of the Sec. convicted, which were ordered to run concurrently, with fine imposed under each of the Sec. and default clauses of imprisonment.

(2.) During the course of hearing, Learned Counsel for the Appellant raised the contention that the Learned Special Judge failed to notice during the trial that the Appellant was a minor at the time of offence. Pursuant thereto, an application under Sec. 9 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter, 'JJ Act'), dtd. 6/11/2023, came to be filed by the Appellant, being I.A. No.01 of 2023 in the said appeal. It was urged by Learned Counsel for the Appellant that the date of birth of the Appellant is 31/3/1998 and the offence was committed in the year 2015 as appears in the Sec. 164 of the Code of Criminal Procedure, 1973 (hereinafter, 'Cr.P.C.') statement of the victim and from the charges framed against the Appellant by the Learned Trial Court on 13/8/2021, rendering him a minor at the time of offence. Consequently, the matter was taken up on 7/11/2023 and on the same date, this Court inter alia ordered as follows;

(3.) Aggrieved by the conclusion arrived at by the Learned Special Judge, the Appellant filed an objection assailing it, and multi-pronged arguments were canvassed by the Learned Counsel for the Appellant before this Court, viz;