Nar Bahadur Subba v. State of Sikkim
Sikkim High CourtMANU/SI/0055/2016Bench: J. S.K. Agnihotri, J. Meenakshi Madan Rai
The Sikkim High Court strongly condemned the defence counsel's line of questioning and held it to be a clear violation of Section 33 POCSO. The Court held that an 11-year-old child cannot be questioned about character, past sexual conduct, or in any manner that implies she brought the abuse upon herself. Such questioning violates the letter and spirit of the POCSO Act, the two-finger test ban (Lillu @ Rajesh), and the child's constitutional right to dignity. The trial court judge was at fault for permitting such questions. The Court issued guidelines for POCSO trials in Sikkim.