Click the Play button to listen to article

The Sikkim High Court has directed the Sikkim State Legal Services Authority (SSLSA) to strengthen the supervision, training and sensitisation of Legal Aid Counsel, particularly with regard to effective cross-examination and defence of accused persons in criminal trials.

The Court also emphasised that legal aid cannot be a mere formality and called for an adequate support and rehabilitation mechanism to ensure continued care, assistance and support to child victims of sexual offences.

The Division Bench of Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan remarked that: “An adequate support and rehabilitation mechanism for the victim, therefore, requires to be established, with appropriate mechanisms to ensure continued care, assistance and support to the victim.”

Background

The case arose from the conviction of Ashok Subba under Sections 5(m) and 5(n), punishable under Section 6 of the POCSO Act, for allegedly committing penetrative sexual assault on his eight-year-old niece.

The prosecution alleged that the incident occurred on July 21, 2021, when the victim had gone to the appellant's house to meet her grandmother. After the victim's mother noticed blood stains and took her for medical examination, the child disclosed the alleged assault by the appellant and stated that similar incidents had occurred previously.

The Trial Court convicted the appellant and sentenced him to 20 years' rigorous imprisonment and a fine of ₹5,000, leading to the present appeal before the High Court. 

The Sikkim High Court upheld the appellant's conviction, finding the testimony of the child victim reliable and duly corroborated by the medical evidence and surrounding circumstances.

The Court rejected the challenge to proof of the victim's age, noting that the birth certificate had been proved by the Registrar and was supported by school records.

It also held that the absence of an eyewitness and minor discrepancies in the victim's mother's statement did not affect the prosecution case.

Accordingly, the Court found no reason to interfere with the Trial Court's findings and dismissed the appeal. 

Case Name: Ashok Subba v/s State of Sikkim

Case No.: Crl. A. No.01 of 2024

Date of Decision: 23.09.2026

Click Here To Read/Download Order



Tags: