Sikkim High Court

CRL.L.P/6/2024 of State of Sikkim Vs Birendra alias Cholen and Ors. on 14 May 2025

Cites 0, Cited by 0

COURT OF SIKKIM Record of Proceedings Page | 1 CRL.L.P No.06 of 2024 STATE OF SIKKIM PETITIONER VERSUS BIRENDRA ALIAS CHOLEN AND OTHERS RESPONDENTS Date : 14-05-2025 CORAM : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE For

ds/bp

STATE OF SIKKIM

PETITIONER

VERSUS

BIRENDRA ALIAS CHOLEN AND OTHERS

RESPONDENTS

Date : 14-05-2025

CORAM :

THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE

For Petitioner

Mr. Sujan Sunwar, Assistant Public Prosecutor.

For Respondents

Mr. Jorgay Namka, Senior Advocate.

Mr. Avinash Dewan, Advocate.

Ms. Deempal Tamang, Advocate.

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

Rai, J.

Heard Learned Assistant Public Prosecutor on the Petition for Leave to Appeal. He submits that the Respondent No.1 was acquitted of the charge under Sections 7, 9(n), 11(i) of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”) and Section 354A(1)(i) of the Indian Penal Code, 1860, while the Respondents No.2 and 3 were acquitted of the charge under Section 21(1) of the POCSO Act, 2012. That, the Learned Trial Court was not convinced that the victim was a sterling witness or that the Respondents No.2 and 3 had failed to inform the concerned authorities, hence the impugned Judgment.

Having heard Learned Assistant Public Prosecutor we are of the considered view that, this matter needs examination. Accordingly, Leave to Appeal is allowed.

Petition disposed of accordingly.

Register the Criminal Appeal.

Heard on admission.

Admit the Appeal.

Call for the records from the Learned Trial Court.

Let Paper-Books be prepared.

List on 25-06-2025.

Judge Judge

14-05-2025 14-05-2025

Page | 1

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead