Sikkim High Court Upholds POCSO Conviction in Minor’s Assault and Suicide Case

The Sikkim High Court opened its judgment in a POCSO case with a line from the song “It’s Okay Not to Be Okay” by Demi Lovato and Marshmello. The Division Bench of Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan delivered the decision in the case of Chewang Sherpa vs State of Sikkim.

The court upheld the appellant’s convictions for sexual assault under the POCSO Act, wrongful restraint, and abetment of suicide. It also partly allowed the appeal on a technical point related to sentencing, setting aside a separate punishment under Section 354A of the IPC.

Court finds links in circumstantial evidence

The case began after the Special Judge (POCSO), West Sikkim, convicted the appellant. The prosecution’s case was that the assault, restraint, and harassment of a teenage schoolgirl pushed her to end her life. The High Court said the chain of circumstantial evidence remained unbroken and met the standard of proof needed for guilt beyond reasonable doubt.

The judges also addressed challenges raised in the appeal. The court rejected arguments that the investigation was defective, that the victim’s age was not proved, and that the suicide note was not properly linked to the victim. It noted that birth records and official material supported that the victim was a child under the POCSO Act. It also referred to forensic handwriting analysis, medical evidence, and witness testimony.

Bench points to mental health and rehabilitation concerns

In its observations, the High Court said it was deeply concerned after reading the victim’s suicide note, and it chose not to reproduce it in the judgment. The court said the mental health of children, especially girls, is a serious issue. It urged the State Government to take a structured, scientifically evaluated approach to child mental health and to review existing programmes so that proactive steps can be taken in both rural and urban areas.

The court also questioned the effectiveness of prison rehabilitation. It noted that the appellant had a previous conviction under Section 458 of the IPC and had served a sentence before committing the current offence. On this basis, the High Court directed that copies of the judgment be forwarded to the Additional Director General of Police overseeing the State Central Prison and to the Chief Secretary of Sikkim for appropriate action. The compensation awarded to the victim’s parents was also affirmed, and the remaining sentences were ordered to run concurrently.