Gangtok, July 13: In a rare and deeply human gesture, the Sikkim High Court opened a judgment in a sensitive POCSO case by quoting the Demi Lovato and Marshmello song “It’s Okay Not to Be Okay”, before upholding the conviction of a man found guilty of sexually assaulting a minor schoolgirl who later died by suicide.
A Division Bench of Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan delivered the judgment on Monday in the case of Chewang Sherpa versus State of Sikkim. The Court upheld the appellant’s convictions for sexual assault under the POCSO Act, wrongful restraint and abetment of suicide, while partly allowing the appeal on a technical point of sentencing.
The case arose from the conviction of the appellant by the Special Judge (POCSO), West Sikkim. The prosecution’s case was that the appellant’s acts of sexual assault, wrongful restraint and harassment drove the teenage schoolgirl to end her life. A suicide note recovered from the victim’s room, supported by forensic handwriting analysis, medical evidence and witness testimonies, formed the backbone of the prosecution’s case.
The appellant challenged the conviction on several grounds, arguing that the investigation was defective, that the victim’s age and the authorship of the suicide note were not proved, and that the evidence was insufficient. The High Court rejected all these submissions. It held that the prosecution had established an unbroken chain of circumstantial evidence proving guilt beyond reasonable doubt, and upheld the finding that the victim was a child under the POCSO Act based on birth records and official evidence.
The only relief granted to the appellant was the setting aside of the separate sentence under Section 354A of the IPC. The Court held that in view of Section 42 of the POCSO Act and Section 71 of the IPC, multiple punishments for overlapping offences are impermissible. The remaining convictions and sentences were affirmed and directed to run concurrently. The compensation awarded to the victim’s parents was also upheld.
Beyond the verdict itself, the judgment stood out for the Bench’s anguished observations on the mental health of children. The judges said they were expressing a deep sense of worry after reading the victim’s suicide note, which they chose not to reproduce in the judgment. The Court said the mental health of a child, and in this case a girl child, is a matter of serious concern.
The Bench urged the State Government to adopt a structured and scientifically evaluated approach to protecting children’s mental health. While acknowledging that the State runs various programmes, the Court said that if there is any possibility to do more, the State must not hesitate to take proactive steps at all levels, in both rural and urban areas. It called for periodic scientific evaluation of the working of these schemes, noting that the healthy mind of a child is paramount for the growth of the State and the country.
The Court also raised serious questions about prison rehabilitation. It noted that the appellant had previously been convicted under Section 458 of the IPC in 2011 by the Sessions Judge, South and West at Namchi, and had served a twenty-five-month sentence. Despite this, he went on to commit a more heinous crime. The Bench expressed concern about the effectiveness of the rehabilitation scheme at the State Central Prison at Rongyek.
Recognising the wider societal issues arising from the case, the 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.
Advocate Thupden Youngda appeared as Legal Aid Counsel for the appellant, while Additional Public Prosecutor S.K. Chettri and Assistant Public Prosecutor Sujan Sunwar appeared for the State.
If you or someone you know is struggling emotionally, help is available. The Government of India’s Tele-MANAS mental health helpline can be reached at 14416, free of cost and around the clock.
