STATE OF SIKKIM Vs. AMIT DARJEE (DARNAL)

JUDGEMENT

(1.) 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.

(2.) The facts, briefly stated, are as under: -

(3.) Mr. S.K. Chettri, learned Assistant Public Prosecutor appearing on behalf of the appellant-State, vehemently contended that the Special Court fell into error while appreciating evidence of the victim (PW-2) in light of the expert evidence and holding that on the basis of infirmities therein, the respondent was entitled to get benefit of doubt.