The Sikkim High Court has upheld the conviction and five-year minimum sentence imposed on a man for aggravated sexual assault under Sections 9(l) and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
Justice Bhaskar Raj Pradhan observed that Section 7 of the POCSO Act requires physical touching coupled with sexual intent to constitute sexual assault. The Court held that the two separate acts of touching the survivor’s breasts during the same occurrence were sufficient to satisfy the requirement of “more than once or repeatedly” under Section 9(l), thereby constituting aggravated sexual assault.
The Court rejected the defence argument that discrepancies in the FIR and testimonies regarding the nature of the touching and the exact time of the incident created reasonable doubt. It held that the survivor’s testimony was cogent, consistent and withstood cross-examination, while the discrepancies pointed out were minor and did not affect the core prosecution case.
The High Court further reiterated that in POCSO cases, a conviction can rest on the testimony of the child if it is found reliable, consistent and trustworthy, even in the absence of medical corroboration. At the same time, such testimony must be subjected to appropriate judicial scrutiny.
Rejecting the plea for reduction of sentence, the Court noted that Section 10 mandates a minimum punishment of five years for aggravated sexual assault. Since the Special Court had imposed the statutory minimum, there was no ground for interference. The appeal was accordingly dismissed and the conviction and sentence were upheld.
