(1.) The Court of the Special Judge (POCSO Act, 2012), South Sikkim, at Namchi, vide Judgment dtd. 30/6/2022, in ST(POCSO) Case No.27 of 2020 (State of Sikkim vs. Rup Narayan Rai (Chamling) and Others) acquitted the Respondent No.1 of the following offences;
(2.) Prior to delving into the merits of the matter a brief summation of the Prosecution case is essential. On 14/8/2020, PW-2 the cousin of PW-1 (the victim), being her uncle's son, lodged the FIR Ext-4, before the jurisdictional police station, complaining that PW-1, who was studying in Class VI was entrusted to the care of the Respondent No.1 for her education and lived in his house. On 14/8/2020, the Respondent No.1 came to the house of PW-2 along with his wife Respondent No.2 and the minor victim PW-1 to visit. Respondent No.1 and Respondent No.2 went for their personal work elsewhere and were to pick up PW-1 later that day. Having spent the day at the home of PW-2, PW-1 refused to return with Respondent No.1 and Respondent No.2 in the evening. On enquiry for her refusal, she told PW-2 that between 7/7/2020 and 8/7/2020 up to 12/8/2020, Respondent No.1 had touched her inappropriately when she was alone in his TV room at his home located village in 'S' and also raped her about four to five times. On 12/8/2020, she had again been raped by the Respondent No.1 i.e., two days before her visit to her family on 14/8/2020.
(3.) The following question was taken up for determination by the Trial Court; Whether the Prosecution has been able to prove the age of the victim (PW-1) and establish that she is a child as described under Sec. 2(d) of the POCSO Act.
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