Court affirms conviction for aggravated sexual assault on eight-year-old, mandates improvements in legal aid and victim support systems
In a landmark judgment, the Sikkim High Court has upheld the conviction and 20-year rigorous imprisonment of Ashok Subba, who was found guilty under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The case involved the aggravated penetrative sexual assault of an eight-year-old girl by her uncle, a conviction originally rendered by the Trial Court.
The Division Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan confirmed the conviction, emphasizing the credibility of the child victim's testimony, which was corroborated by medical evidence. The court noted that the child's testimony was consistent and remained unshaken during cross-examination. Medical reports indicated a ruptured hymen and suggested previous sexual intercourse, lending further support to the victim's account.
The defense's appeal challenged the credibility of the victim's age verification, arguing that the person who made the original birth register entry was not examined. However, the court dismissed this contention, upholding the evidence provided by the victim's parents, the Registrar of Births and Deaths, and school records, which collectively established her age.
The court also addressed the manner in which legal aid was provided, directing the Sikkim State Legal Services Authority (SSLSA) to ensure more effective and qualitative legal representation. It emphasized the need for the SSLSA to obtain performance reports of legal aid counsel from trial courts, undertake training for effective cross-examination, and review the empanelment of legal aid counsel to retain only competent individuals.
Moreover, the judgment highlighted the necessity for a robust support and rehabilitation mechanism for child victims under twelve, advocating for continued care and assistance to prevent long-term psychological trauma.
The Sikkim High Court's decision not only reinforces the conviction in this harrowing case but also initiates important reforms in the provision of legal aid and support systems for vulnerable victims, ensuring justice is served with empathy and effectiveness.
Bottom Line :
POCSO - Conviction for aggravated penetrative sexual assault upheld - Testimony of child victim, when found credible and corroborated by medical evidence and surrounding circumstances, is sufficient to sustain conviction - Non-examination of person who made original birth register entry is not fatal when age is proved by parents, Registrar of Births and Deaths and school records - High Court also issued directions to Sikkim State Legal Services Authority to ensure effective and qualitative legal aid and support mechanism for child victims.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012 - Sections 5(m), 5(n), 6
Legal Services Authorities Act, 1987
Ashok Subba v. State of Sikkim, (Sikkim)(DB) : Law Finder Doc id # 2989397
