STATE OF SIKKIM Vs. LALL BAHADUR RAI

JUDGEMENT

(1.) The matter is to be taken up for hearing on Sentence today.

(2.) This Court in Paragraph 11(i) of the Judgment dtd. 28/10/2024 had inter alia observed that the offence not being penetrative sexual assault, would be one under Sec. 7 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, 'POCSO Act, 2012'), punishable under Sec. 8 of the same Act and thereafter invoking provisions of Sec. 222(2) of the Code of Criminal Procedure, 1973 (hereinafter, the 'Cr.P.C.') had convicted the Respondent of the said offence.

(3.) In view of the age of the victim child, the correct provision to convict the Respondent would be under Sec. 9(m) of the POCSO Act, 2012, punishable under Sec. 10 of the same Act, which thereby does not require invocation of the provisions of Sec. 222(2) of the Cr.P.C. as charges framed against the Respondent were under Sec. 9(m) and Sec. 9(n) of the POCSO Act, 2012, along with Sec. 354 of the Indian Penal Code, 1860 (hereinafter, the 'IPC').