Court affirms survivor's credible testimony, applies statutory minimum sentence, and orders Rs. 15,000 compensation under Sikkim Victim Compensation Scheme
In a significant judgment delivered on September 10, 2026, the Sikkim High Court upheld the conviction of Limbu Manger @ Raju Thapa for the offence of aggravated sexual assault under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The appellant was sentenced to undergo rigorous imprisonment for five years, the minimum prescribed punishment under the Act, and was also ordered to pay a fine of Rs. 2,000. Additionally, a compensation amount of Rs. 15,000 was awarded to the survivor under the Sikkim Compensation to Victims (or their Dependents) Scheme, 2021.
The case arose from an incident dated December 14, 2023, where the appellant allegedly committed aggravated sexual assault by repeatedly touching the breasts of a minor survivor aged 16 years at the time of the incident. The survivor's testimony, consistent and reliable, was central to the prosecution's case. The Court found her detailed narration, recorded both in her statement under Section 164 of the Code of Criminal Procedure (Cr.P.C.) and during the trial, to be truthful and corroborated by other evidence including medical examination and timely disclosure to her parents.
The appellant challenged the conviction on grounds of minor discrepancies regarding the exact time of the incident, the nature of the touching, and the seizure of the birth certificate which established the survivor's age. However, the Court held that such minor variations were natural and did not affect the core prosecution case. The birth certificate, a public document seized during investigation, was duly proved and confirmed the survivor's age as under 18 years at the time of the offence, an essential ingredient under the POCSO Act.
The Court further applied the presumption under Section 30 of the POCSO Act regarding the accused's mental state, noting that the appellant failed to rebut the presumption of sexual intent. The repeated nature of the assault was held to constitute "aggravated sexual assault" as per Section 9(l) of the Act, punishable under Section 10. The Court emphasized the importance of protecting children through a child-friendly legal framework ensuring timely reporting, investigation, and stringent punishment for offenders.
Rejecting the appellant's plea for sentence reduction on humanitarian grounds, the Court underscored the statutory mandate of a minimum five-year rigorous imprisonment for aggravated sexual assault and found no compelling reason to deviate from it.
This judgment reinforces the judiciary's commitment to uphold the rights and dignity of child survivors of sexual offences and serves as a stern warning against such criminal conduct.
Bottom Line:
Conviction under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) upheld. Evidence of the survivor deemed credible and consistent. Sentence of five years rigorous imprisonment and compensation awarded to the survivor confirmed.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012 Sections 7, 9(1), 10, 30; Code of Criminal Procedure, 1973 Section 164, 102; Sikkim Compensation to Victims (or their Dependents) Scheme, 2021
Limbu Manger @ Raju Thapa v. State of Sikkim, (Sikkim) : Law Finder Doc Id # 2980010
