Child’s ‘thank you’ to driver after trip can’t disprove sexual assault: Sikkim High Court

4 min readNew DelhiUpdated: Jul 17, 2026 03:49 PM IST

According to the case records, the girl had gone to school for Independence Day practice, and boarded the man’s taxi while returning home in the evening. (AI-generated image)

Rejecting the argument that a 13-year-old girl’s “thank you” to a taxi driver after the ride proved that no assault took place, the Sikkim High Court has upheld the driver’s conviction for aggravated sexual assault for touching her breasts under the POCSO Act. It held that a child’s response to such experience may vary and cannot be judged on adult perception.

Justice Bhaskar Raj Pradhan observed that the defence cannot rely on creating doubt, it must prove that the accused did not commit the offence under Section 29 (guilty unless the contrary is proved) of the Protection of Children from Sexual Offences (POCSO) Act.

“How a child of 13 years would react to such an incident may differ from child to child. One child may make a hue and cry about it, and yet another may choose to remain silent, stunned by the incident. Another child in the same circumstances may act in a manner which, in our perception, because of our circumstances, may not feel appropriate,” the June 23 order said.

The victim saying ‘thank you’ when she alighted the taxi “should not be given undue emphasis to question the veracity of her statement,” the court noted, adding, “There is no reason why a child of 13 years should blame the appellant for an act which he had not committed.”

‘Assault during taxi ride’

According to the case records, the girl had gone to school for Independence Day practice, and boarded the man’s taxi while returning home in the evening. After dropping the other passengers, the driver asked her to move to the front seat. She alleged that the driver then came closer and touched her shirt’s buttons and her breasts.

Justice Bhaskar Raj Pradhan held that the 13-year-old girl’s statement was that of a “sterling witness” and remained indisputable. (AI-enhanced image)

The girl pushed him away and asked him to drop her home quickly. After getting down from the taxi, she told her mother about the incident. Her mother reached decided to confront the driver and they followed his taxi in another vehicle.

Soon, they caught up with the driver in a traffic jam, where the mother confronted him and took out the keys of his taxi. However, he ran away after getting his keys back. The girl’s father later lodged a complaint with police.

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During the cross-examination, the court noted that the girl withstood extensive questioning by the defence. The trial court held that the accused should not be convicted separately for the offence of aggravated sexual assault under the POCSO Act and the Bharatiya Nyaya Sanhita. It sentenced him to five years of rigorous imprisonment and a fine of Rs 2,000.

Advocate Neha Gupta, counsel for the accused, said the girl’s “thank you” to the driver after she got down from the taxi, suggested that the incident did not happen.

Yadav Sharma, additional public prosecutor, defended the judgment as being unassailable. It was submitted that the prosecution had established the case beyond reasonable doubt through clear and reliable evidence and sought no interference with the judgment.

‘Sterling’ testimony

The Sikkim High Court observed that in POCSO cases the survivor’s testimony is of “paramount importance” and central to the prosecution’s case. It held that the 13-year-old girl’s statement was that of a “sterling witness” and remained indisputable even during aggressive cross-examination.

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The judge noted that there was no reason for the girl to falsely frame the driver, call her mother after the incident and later chase him in the evening with her mother.

The court upheld the conviction and noted that the five-year sentence imposed on the driver was the minimum punishment prescribed for aggravated sexual assault under the POCSO Act. It dismissed the appeal and upheld the Rs 50,000 compensation awarded to the survivor.

Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.

She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.

Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.

Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More

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Child sexual assault

POCSO Act