Sikkim High Court Upholds 20-Year Jail Term in POCSO Case Despite Consensual Relationship
Sikkim High Court Upholds 20-Year Jail Term in POCSO Case Despite Consensual Relationship
Gangtok, October 2: The Sikkim High Court has upheld the conviction and 20-year rigorous imprisonment of Bishnu Chhetri under the POCSO Act, ruling that the prosecution had sufficiently established the survivor's minor status at the time of the offence.
A Division Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan dismissed the appeal, relying on the survivor's original birth certificate, school admission records and Live Birth Register, which confirmed her date of birth as May 1, 2007.
The case involved an adolescent girl who eloped with the adult accused in 2022 and subsequently gave birth to a child in April 2023.
Although the Court acknowledged evidence of a consensual relationship and a customary sindoor potey ceremony, it found no grounds to overturn the POCSO conviction.
The Court maintained that the 20-year rigorous imprisonment was the minimum punishment prescribed under Section 6 of the POCSO Act.
The judgment was delivered on September 23, 2026.
[Sikkim High Court, POCSO Case, 20-Year Jail Sentence, Child Protection Law, Bishnu Chhetri Case, Sikkim News]
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