Sikkim High Court Upholds 20-Year POCSO Sentence, Holds Minority Of Survivor Proved Through Birth Certificate And Other Records

The Sikkim High Court has upheld the conviction and 20-year rigorous imprisonment awarded to a man under Sections 5(j)(ii) and 5(l), punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), observing that the prosecution had sufficiently established that the survivor was a child at the time of the offence.A Division Bench comprising Chief Justice...

Delay May Be Condoned Where Counsel's Actions Substantially Contributed To Litigant's Procedural Lapse: Sikkim High Court

The High Court of Sikkim has condoned the delay in filing a civil revision petition, observing that acts of counsel which cause delay should not operate to the prejudice of a litigant in a manner that results in denial of justice.The Court was considering an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing a revision petition under Section 115 of...

Sikkim High Court Directs Legal-Aid Body To Train, Monitor Defence Counsel To Ensure Rehabilitation Support For Child Sexual-Assault Victims

The Sikkim High Court has directed the Sikkim State Legal Services Authority (SSLSA) to strengthen the supervision, training and sensitisation of Legal Aid Counsel, particularly with regard to effective cross-examination and defence of accused persons in criminal trials. The Court also emphasised that legal aid cannot be a mere formality and called for an adequate support and...

Sikkim High Court Forms Bar Members' Panel To Probe Dilapidated Infrastructure At Government Law College

The Sikkim High Court has constituted a committee of 5 bar members to examine the dilapidated infrastructure of the Government Law College in Burtuk, in a suo motu public interest litigation.The said PIL was initiated by the High Court after students and members of the Representative Council made a representation before the Chief Justice on September 11, 2026. It was claimed that the...

Amalgamation-Based Employee Continuity Benefits Apply Only To Transferor-Company Employees On Amalgamation Date: Sikkim High Court

The Sikkim High Court has held that the benefit of an employee-continuity clause under a scheme of amalgamation is available only to those who remained employees of the transferor company on the date the scheme became effective. The Court observed that employees who had ceased to be on the rolls of the transferor company before the amalgamation could not invoke the scheme to...

Sikkim High Court Initiates Suo Motu PIL To Examine State's Preparedness For Climate-Related Disasters

The Sikkim High Court has initiated a suo motu public interest litigation to examine whether the State has adequate institutional mechanisms to anticipate, mitigate, and respond to climate-related disasters. The petition stated,"Climate justice is, therefore, not merely a response to casualties after a-disaster. It is also a constitutional commitment to anticipate risk, prevent avoidable harm...

'Brake Failure, No Rash Driving': Sikkim High Court Awards ₹5 Lakh No-Fault Compensation To Deceased's Family In Accident Case

The Sikkim High Court has held that a Motor Accident Claims Tribunal can award no-fault compensation under Section 140 of the Motor Vehicles Act, 1988, even after rejecting a claim under Section 166 on the ground that the accident was not caused by rash or negligent driving. The Court further stated that the insurer was liable to indemnify the vehicle owner under the applicable package...

Order Refusing Recusal Of Judge Is Interlocutory, Not Revisable Under Section 115 CPC: Sikkim High Court

The Sikkim High Court has held that an order refusing a Judge's recusal is interlocutory in nature and cannot be challenged by invoking the revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure, 1908. The Court observed that even if the recusal request were allowed, it would merely result in a change of the Presiding Officer and would not finally dispose...

POCSO Case Cannot Be Quashed On Settlement Even If Survivor Attains Majority: Sikkim High Court

The Sikkim High Court has held that criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) cannot be quashed merely on the basis of a settlement between the accused and the survivor, even if the survivor has subsequently attained majority.Justice Bhaskar Raj Pradhan remarked that: “even if the accused and the survivor who has now attained majority...

Siblings-In-Law Can Claim Accident Compensation As Dependents If Financial Dependency Is Proved: Sikkim High Court

The Sikkim High Court has held that siblings-in-law of a deceased can be treated as dependents for the purpose of claiming compensation under the Motor Vehicles Act, provided their financial dependency is established through evidence. The Court observed that there is no hard-and-fast rule for determining dependency and that the question must be decided on the facts and evidence of each...

Descendants Cannot Seek Inclusion In Sikkim Subject Register Based Solely On Ancestor's Unused Eligibility: Sikkim High Court

The Sikkim High Court has held that descendants seeking inclusion in the Sikkim Subject Register must establish that their predecessors fulfilled the mandatory requirement of renouncing their former nationality under the Sikkim Subjects Regulation, 1961.A bench of Chief Justice A. Muhamed Mustaque observed:“There is substantial evidence before this Court in the present Writ Petition...

Sikkim High Court Refuses To Revoke Suspension Of Judicial Officer Accused Of Letting Clerk Record Evidence

The Sikkim High Court has rejected a writ petition filed by a Judicial Officer of Sikkim Superior Judicial Service challenging her suspension on allegations that she stayed away from court while letting her Peshkar (clerk) record evidence in open court. The bench of Chief Justice A Muhamed Mustaque observed that the material against the petitioner was being collected, and there is an...