YESHAY LEPCHA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The appellant has suffered a conviction for repeatedly committing sexual assault on the victim under sec. 9(l) and for committing sexual assault being her guardian under Sec. 9(n) of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act). He has also been convicted for committing rape repeatedly on the victim under Sec. 376 (2) (n) of the Indian Penal Code, 1860 (IPC). He was sentenced to imprisonment for six years and fine of Rs.20,000.00 under Sec. 9(l) as well as under 9(n) of the POCSO Act. In default of payment of fine for the sentences the appellant was required to further undergo simple imprisonment for one year. The appellant was also sentenced to fifteen years of rigorous imprisonment and a fine of Rs.25,000.00 for commission of offence under Sec. 376 (2) (n) IPC. In default he was to undergo simple imprisonment for one year. The learned Special Judge also recommended a payment of Rs.7.00 lakhs as compensation to the survivor under the Sikkim Compensation to Victims (or their Dependents) Scheme, 2021. The appellant has preferred this appeal challenging the conviction and sentences.

(2.) The introduction to the POCSO Act states that sexual offences against children are not adequately addressed by the existing laws. A large number of such offences are neither specifically provided for nor are they adequately penalised. Such offences against children need to be defined explicitly and countered through adequate penalties as an effective deterrence. The POCSO Act provides for protection of children for offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well being of children.

(3.) Sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed. Genesis of the prosecution