SANTA BAHADUR SARKI @ SANTAY Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The appeal is against the judgment dated 30.07.2018 convicting the appellant under section 5(m) of the Protection of Children from Sexual Offences Act, 2012 (for short ,,POCSO Act) for commission of aggravated penetrative sexual assault on two minor victims (PW-1 and PW-2) and under section 448 of the Indian Penal Code, 1860 (for short ,,IPC) for house-trespass.

(2.) On the basis of the final report dated 03.11.2017 submitted by the prosecution the learned Special Judge on 02.02.2018 framed two charges both under Section 5(m) of the POCSO Act against the appellant for commission of aggravated penetrative sexual assault on PW-1, PW-2 and PW-3 on 02.08.2017 and also during the year 2017. Charge for house-trespass under Section 448 of the Indian Penal Code (for short ,,IPC) and for entering Sikkim - a restricted area without valid permit under Section were also framed against the appellant as he was a foreigner.

(3.) During the trial, fifteen witnesses including three minor victims (PW-1, PW-2 and PW-3) were examined. The appellant was examined under Section 313 of the Code of Criminal Procedure, 1973 (for short ,,Cr.P.C.) and on his declining to lead any defence evidence, the parties were heard and the impugned judgment rendered on 30.07.2018.