Sikkim High Court Upholds 20-Year POCSO Sentence for 60-Year-Old Man

News Citation : 2026 LN (HC) 328

April 21, 2026 : The High Court of Sikkim has dismissed an appeal by a 60-year-old man, Krishna Chettri, upholding his conviction and 20-year prison sentence for the aggravated penetrative sexual assault of a five-year-old girl. In a judgment pronounced by a Division Bench consisting of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan, the court reaffirmed the gravity of crimes against children while providing critical directives for the protection of victims during legal proceedings.

The case dates back to September 2020, when the victim’s family filed a report alleging that Chettri had molested the child near her home. Following an investigation, the Trial Court in Namchi convicted Chettri under various sections of the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC). The appellant later challenged this decision, with his legal counsel arguing that while sexual assault occurred, there was no evidence of “penetrative” assault, suggesting the sentence should be reduced to just three years.

However, the High Court found the evidence to be overwhelming. The victim provided cogent and consistent testimony, describing how the appellant had physically harmed her. This testimony was corroborated by an eyewitness who intervened during the incident and a medical report that detailed physical injuries consistent with the assault. The Bench noted that under the POCSO Act, penetration does not require a full act but is defined by the insertion of any body part or object to any extent.

Beyond the conviction, the High Court addressed a procedural oversight by the trial court regarding the sentencing structure. While the lower court had failed to specify how the sentences should run, the High Court clarified that the 20-year terms for the different POCSO violations would run concurrently. The court also upheld a compensation of ₹6,00,000 for the victim.

In a move to prioritize victim welfare, the High Court issued a directive for all future POCSO proceedings in the state. The Bench ordered that accused individuals be placed behind one-way mirrors during trials to ensure that child victims are not further traumatized by having to face their attackers while testifying.

Case Reference : Crl.A. No. 20 of 2024 , heard the case of Krishna Chettri versus the State of Sikkim , with Ms. K. D. Bhutia appearing for the appellant as Legal Aid Counsel and Mr. S. K. Chettri representing the respondent as the Additional Public Prosecutor.