SAROJ PRADHAN Vs. STATE OF SIKKIM

JUDGEMENT

(1.) There is nothing in criminal law which prohibits accepting a minor victim's statement. Rule is of caution. Caution against tutoring which some children may be susceptible to. In sexual offences one rarely finds evidence of eye witnesses. Statement of minor victim has to be cautiously examined by the Court. Corroboration of a minor victim's statement is not a rule. The Court however, examines the surrounding circumstances and the evidence available to assure itself that the victim's statement is truthful. It is only the victim who knows and understands what she has gone through and therefore weightage is given to victim's testimony. When the alleged act of crime is one of sexual assault and more so when the victim's age is below 12 years it becomes even more difficult for the court to find evidence in support of the victim's statement. Is it a tutored statement? Is it a statement made out of any other fear? These are questions, which have been sought to be provoked in the present appeal.

(2.) The learned Senior Counsel appearing for the appellant has contested the impugned judgment of conviction and sentence under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) on the following grounds:

(3.) The learned Assistant Public Prosecutor submits that the judgment of the learned Special Judge is sound, well reasoned and supported by evidence placed before the Court. She contends that although the victim's father (P.W.2) was a Head Constable the evidence brought out in cross examination by the defence itself clarifies that he was not posted at the police station but at another check post. To meet the argument of the learned Senior Counsel about the victim making up the story as she did not want to attend the tuition classes, it is pointed out that in fact the evidence on record shows that the victim had been going for tuition only for one week and the day the incident took place was in fact the first day of her tuition at the residence of the appellant.