GANGTOK, India, June 5 -- Sikkim High Court issued the following judgment/order on May 22:
Heard Learned Additional Public Prosecutor. He submits that leave be granted to file the Appeal as the Learned Trial Court failed to appreciate that, the victim was a minor despite the ossification test having been exhibited and corroborated by Prosecution witnesses. The evidence of the victim, who was a sterling witness, was not taken into consideration and the Respondent was acquitted erroneously, although the evidence of the victim was duly corroborated by the evidence of PWs 2, 3, 4 and 5. The Court also failed to examine the provisions of Section 29 of the Protection of Children from Sexual Offences Act, 2012, resulting in prejudice to the Petit...