The Sikkim High Court has upheld the conviction of a man under the Protection of Children from Sexual Offences (POCSO) Act, holding that the testimony of a child victim remained trustworthy despite extensive cross-examination. The court dismissed the criminal appeal and refused to interfere with the trial court's findings or the sentence imposed.
Justice Bhaskar Raj Pradhan observed that minor inconsistencies or the child's natural reactions after the incident could not outweigh the overall reliability of her evidence.
Background of the Case
The appeal challenged the judgment of the Special Judge (POCSO), Gangtok, who had convicted the appellant for aggravated sexual assault under Section 9(l) of the POCSO Act and sentenced him to five years' rigorous imprisonment along with a fine of ₹2,000.
Before the High Court, the appellant argued that the prosecution had failed to establish the allegations beyond reasonable doubt. The defence pointed to alleged contradictions in the victim's testimony, including her statement during cross-examination that "until that time, nothing had happened," and the fact that she had thanked the taxi driver while getting down from the vehicle. It was also alleged that the complaint was the result of a conspiracy arising from personal enmity.
Court's Observation
The High Court rejected these submissions after closely examining the evidence.
Justice Bhaskar Raj Pradhan observed,
"The voluntary statement does not under any circumstances give an impression that she had admitted that the incident had not happened while she was in the taxi."
The court noted that the victim's testimony contained detailed and consistent descriptions of the events, including the sequence of the journey, the locations involved and the alleged acts. It held that the defence had failed to create any material doubt affecting the core of the prosecution's case.
Addressing the argument that the victim thanked the appellant before leaving the taxi, the bench said,
"One child may make a hue and cry... yet another may choose to remain silent... The emphasis on the victim saying 'thank you' should not be given undue importance to question the veracity of her statement."
The High Court further observed that there was no reason for a 13-year-old child to falsely implicate the appellant. The victim's account was supported by her parents' testimony, the taxi driver's evidence, CCTV footage placing the vehicle on the route, seizure of items matching her narration and school records confirming her presence at school earlier that day.
The bench also found that the defence theory of a conspiracy remained unsupported by evidence.
Referring to Section 29 of the POCSO Act, the court stated,
"The use of the words 'unless the contrary is proved' raises the requirement for the defence not only to create a doubt but to prove the contrary fact."
Decision
Finding no legal or factual error in the trial court's reasoning, the High Court upheld the conviction under Section 9(l) of the POCSO Act, punishable under Section 10.
The court also affirmed the sentence of five years' rigorous imprisonment, the fine of ₹2,000 and the compensation of ₹50,000 awarded to the victim. Since the appellant had been released on bail during the appeal, the High Court directed that he be taken into custody immediately to serve the remaining sentence.
The criminal appeal was dismissed.
Case Details
Case Title: Buddha Raj Rai v. State of Sikkim
Case Number: Criminal Appeal No. 21 of 2025
Judge: Justice Bhaskar Raj Pradhan
Decision Date: 23 June 2026
