JEET HANG SUBBA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The present appeal assailing the impugned judgment of conviction and order on sentence dtd. 31/7/2024 is limited to the extent of the conviction under Sec. 3(a) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). It is contended that the prosecution had failed to prove that the victim was a child as defined under Sec. 2 (d) of the POCSO Act.

(2.) The investigation started with the lodging of the First Information Report (FIR) (exhibit-P7) on 10/8/2022 before the police station by Dr. Sharad Hang Subba (P.W.7) the Medical Officer at the Public Health Center stating that the victim came to the outpatient department with complaints of vaginal bleeding, pain in the abdomen and generalised weakness since seven days. He also reported that on examination and investigation, her Urine Pregnancy Test came positive and that she had been given an over-the- counter drug by the appellant who was her boyfriend on 2/8/2022. The victim had also given history of having sexual intercourse with the appellant on 13/6/2022 to the first informant.

(3.) The investigation led to the filing of the charge sheet alleging that it revealed that the appellant who was a married person with a child had a love affair with the victim and indulged in sexual intercourse consensually. Subsequently, a supplementary charge sheet was also submitted after receipt of the report from the Central Forensic Science Laboratory (CFSL). Three charges were framed against the appellant under Sec. 5(j) (ii) of the POCSO Act, Sec. 376 (1) and Sec. 315 of the Indian Penal Code, 1860 (IPC).