Court No.2 HIGH 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 Petitioner Mr. Sujan Sunwar, Assistant Public Prosecutor. For Respondents Mr. Jorgay Namka, Senior Advocate. Mr. Avinash Dewan, Advocate. Ms. Deempal Tamang, Advocate. 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 ds/bp