MICHAEL KAMI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The learned Special Judge (POCSO Act, 2012) South Sikkim at Namchi vide impugned judgment dated 30.09.2016 has found the Appellant guilty and convicted him of the offences under Sections 9 (m)/10 and 7/8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012); Sec. 354 of the Indian Penal Code, 1860 (IPC) on two counts and Sec. 354B/511 of the IPC. Resultantly, the Appellant has been sentenced vide impugned order on sentence dated 30.09.2016 to undergo:-

(2.) Mr. N. B. Khatiwada, learned Senior Advocate and Legal Aid Counsel for the State Respondent would raise a solitary ground of appeal. He would submit that the learned Special Judge had erred in law in not believing the solitary defence witness who had categorically stated:

(3.) The said defence witness in cross-examination had stated: