High CourtsDivision Bench(2023) 07 SIK CK 0039

Durga Singh Kami vs State Of Sikkim

Sikkim High Court · Decided on 26 July 2023

HON’BLE JUDGES
Meenakshi Madan Rai, J · Bhaskar Raj Pradhan, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 14 Of 2023

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Judgment

8 paragraphs · 202 words

Meenakshi Madan Rai, J

1.

Heard Learned Senior Counsel for the Appellant.

2.

Issue Notice to the State-Respondent.

3.

Mr. S. K. Chettri, Learned Additional Public Prosecutor is present for the State-Respondent on advance Notice and waives formal Notice.

4.

We have been taken through the impugned Judgment dated 18-05-2023, in Sessions Trial (POCSO) Case No.13 of 2022 (State of Sikkim vs. Durga Singh Kami) and the Order on Sentence dated 18-05-2022 (sic), of the Learned Special Judge (POCSO), West Sikkim, at Gyalshing, by Learned Senior Counsel for the Appellant. We find that the Learned Trial Court has taken into and given due and correct consideration to the evidence of the Prosecution Witnesses i.e., the victims (P.W.1 and P.W.3) and the mother of the victims (P.W.2) as also that of the School Head Mistress (P.W.9) and the Panchayat President (P.W.12).

5.

We find that the evidence furnished is cogent and convincing and that the act of the Appellant against the victims, have been proved beyond reasonable doubt by the Prosecution evidence.

6.

In such circumstances, we are of the considered opinion that the impugned Judgment and Order on Sentence warrants no interference.

7.

Consequently, the Appeal stands dismissed and disposed of accordingly.