ASHOK KUMAR PARIYAR Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Appellant assails the judgment of conviction dated 27.09.2018 passed by the learned Special Judge, POCSO, East Sikkim at Gangtok, convicting him for penetrative sexual assault as defined in Section 3(a) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012), wrongful confinement under Section 342 of the Indian Penal Code, 1860 (IPC) and for rape as defined in Section 376 (2) (i) of the IPC. The order on sentence dated 28.09.2018 is assailed as well.

(2.) The learned Special Judge relying upon the evidence of the victim (P.W.1), her father (P.W.3) and Dr. K. N. Sharma (P.W.14) the Senior Radiologist, STNM Hospital, Gangtok who had conducted and determined the bone age of the victim (exhibit-23) came to the conclusion that the victim was a child within the meaning of Section 2(d) of the POCSO Act, 2012.

(3.) The learned Special Judge held that the evidence of the victim, her brother (P.W.13) and her father (P.W.3) were duly corroborated by the medical evidence and therefore no further proof was required for arriving at the conclusion that the Appellant had wrongfully confined the victim and committed penetrative sexual assault on her.