Sikkim High Court Upholds 20-Year POCSO Sentence, Holds Minority Of Survivor Proved Through Birth Certificate And Other Records

The Sikkim High Court has upheld the conviction and 20-year rigorous imprisonment awarded to a man under Sections 5(j)(ii) and 5(l), punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), observing that the prosecution had sufficiently established that the survivor was a child at the time of the offence.

A Division Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan remarked that: “Whenever an accused is charged for an offence under the POCSO Act, it is incumbent upon the prosecution to establish that the victim was a child at the time of the offence. The prosecution has established this fact by producing the original birth certificate.” 

Background

The survivor, a Class VIII student, met the accused in 2021 and developed a romantic relationship with him. In 2022, she eloped with the accused to Gangtok, where they lived together and had a physical relationship. She later became pregnant and gave birth to a girl child on April 18, 2023. 

The prosecution was initiated after the survivor's sister, upon learning that she had eloped, informed the police and subsequently lodged an FIR. Following investigation, the accused was charged under Sections 5(j)(ii) and 5(l), punishable under Section 6 of the POCSO Act. 

The Special Judge convicted the accused and sentenced him to 20 years' rigorous imprisonment and a fine of ₹2,000, prompting him to approach the Sikkim High Court in appeal.

The Sikkim High Court held that the prosecution had successfully established the survivor's minority through her original birth certificate, school admission records and the Live Birth Register, all recording her date of birth as May 1, 2007. The Court noted that the defence failed to rebut the presumption of correctness attached to these public and statutory records. 

The Court therefore found no reason to interfere with the conviction under the POCSO Act. It also upheld the 20-year rigorous imprisonment, observing that it was the minimum sentence prescribed under Section 6 of the POCSO Act. 

The Court additionally noted that the evidence showed a consensual relationship between the adolescent survivor and the adult accused, including a customary “sindoor potey” ceremony and the birth of a child.

Date of Decision: 23.09.2026