Life Imprisonment Awarded in POCSO Case by Kalimpong Court

KalimNews, July 11, 2026, Kalimpong:  The Court of the Additional Sessions Judge-cum-Special Judge (POCSO), Kalimpong, presided over by Bikash Lama, sentenced Fursanga Sherpa,  a resident of Lepcha Gaon, Doorkhola, Samabiyong Tea Garden, under Gorubathan P.S., to rigorous imprisonment for life in connection with a case under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The sentencing order was pronounced on 9 July 2026 in Special (POCSO) Case No. 9 of 2022 / Special (POCSO) Trial No. 3/December/2022 (Central Filing No. 13 of 2022). The judgment had been delivered on 4 July 2026.

The prosecution originated from Gorubathan Police Station Case No. 16 of 2022, registered on 8 June 2022 under Section 6 of the Protection of Children from Sexual Offences Act, 2012, read with Section 506 of the Indian Penal Code, 1860. The prosecution alleged that offences occurred beginning on 25 April 2022 and continued on several occasions until 22 May 2022.

The complaint was initiated by Smt. Kabita Tamang @ Pradhan, Para-Legal Volunteer of the District Legal Services Authority, Darjeeling, and President of the Gorkha Women's Welfare Forum. The prosecution was represented by Ms. Nisha Rai, Learned Additional Public Prosecutor.

According to the prosecution, the survivor was an approximately eleven-year-old girl living in particularly vulnerable circumstances. The accused, a co-villager, was alleged to have repeatedly subjected the child to penetrative sexual assault over a period of nearly one month and intimidated her with threats.

The case came to light after two women from the locality reportedly discovered an incident in progress on 22 May 2022 while collecting vegetables in a nearby forest. They subsequently informed other villagers, following which a social worker visited the village, facilitated medical examination of the child, and lodged a written complaint with Gorubathan Police Station.

The accused was arrested on 8 June 2022 and remained in judicial custody throughout the trial without being released on bail.

During the trial, the Court examined the testimony of the survivor, eyewitnesses, medical evidence, investigating officers, and other prosecution witnesses.

The complainant, testified regarding how information about the incident reached her, her visit to the village, her interaction with the survivor and eyewitnesses, arrangements for medical examination, and the filing of the written complaint. The Court treated her as an independent witness acting in her professional capacity as a Para-Legal Volunteer and head of a registered women's welfare organisation.

The Court also considered the evidence of eyewitnesses who stated that they had witnessed an incident involving the accused and the survivor in the forest on 22 May 2022, after which they informed other villagers and sought assistance from a social worker.

After examining the oral and documentary evidence, the Court found the prosecution had proved the charges beyond reasonable doubt.

The Court recorded that the offence was of a highly serious and grave nature under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Upon assessment of the evidence and circumstances brought before it during the trial, the Court found that the case involved repeated sexual abuse of a child, causing a serious violation of her dignity, safety, and fundamental rights.

The Court took into consideration the young age and vulnerable circumstances of the survivor and observed that offences against children require the highest degree of protection and strict legal response. It noted that such acts amount to a serious breach of the trust and responsibility that adults in society owe towards children.

After considering the nature of the offence, the circumstances in which it was committed, and the impact such crimes can have on a child’s physical and emotional well-being, the Court held that the case represented one of the most serious categories of offences under the POCSO Act.

In view of the gravity of the crime and the findings reached after trial, the Court imposed rigorous imprisonment for life on the convict, along with fines and directions for payment of compensation to the survivor in accordance with applicable legal provision

The Court convicted the accused under Section 6 of the Protection of Children from Sexual Offences Act, 2012, read with Section 506 of the Indian Penal Code.

For the offence under Section 6 of the POCSO Act, the Court imposed rigorous imprisonment for life along with a fine of ₹10,000. In default of payment of the fine, the convict shall undergo one year's rigorous imprisonment.

For the offence under Section 506 IPC, the Court imposed rigorous imprisonment for one year and a fine of ₹1,000. The sentences were directed to run concurrently.

The Court further ordered that the period already spent in judicial custody by the convict would be set off against the sentence under Section 428 of the Code of Criminal Procedure, 1973.

In addition to the sentence, the Court directed that ₹5,00,000 (Rupees Five Lakhs) be paid to the survivor from the West Bengal Survivor Compensation Fund, over and above any fine amount realised from the convict. The Court also ordered that any fine deposited by the convict be paid to the survivor in accordance with Section 357 of the Code of Criminal Procedure, 1973 and the applicable POCSO Rules.

Following the pronouncement of the sentence, the convict was informed of his statutory right to appeal and his entitlement to free legal aid through the District Legal Services Authority, Kalimpong, or the High Court Legal Services Committee, Calcutta. The Court recorded that the convict had already been represented by counsel appointed through the District Legal Services Authority during the trial and indicated that any future legal recourse would be pursued after consultation with his counsel.