MOHAN RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The appeal assails the judgment of conviction by the learned Special Judge dated 27.11.2017 for sexual harassment as defined under Section 11(i) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for which the Appellant has been sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5000/- under Section 12 thereof.

(2.) The ingredients of the offence of sexual harassment as defined under Section 11 (i) of the POCSO Act, to the extent of the indictment against the Appellant, are:

(3.) Heard Mr. Ajay Rathi the learned Counsel for the Appellant and Ms. Pollin Rai the learned Assistant Public Prosecutor for the State. Mr. Ajay Rathi submits that the prosecution had failed to bring home the charge by leading cogent evidence. Per contra Ms. Pollin Rai submits that the ingredient of Section 11(i) of the POCSO Act for which the Appellant was indicted has been fully satisfied by the deposition of P.W.1 and P.W.2 and their evidence have stood firm unable to be demolished by the defence.