LAWS(KER)-2024-2-118

NOORJAHAN BANDARAGOTHI Vs. UNION TERRITORY OF LAKSHADWEEP

Decided On February 22, 2024
Noorjahan Bandaragothi Appellant
V/S
UNION TERRITORY OF LAKSHADWEEP Respondents

JUDGEMENT

(1.) The appellants are the first and second accused in C.C. No. 1 of 2017 on the file of the Court of Session, Kavaratti (Special Court for POCSO Offences) and they are challenging the conviction and sentence imposed on them for the offences under Ss. 120B, 363, 366, 366A 368 376(2)(i) and (n), 506(ii) and 109 of IPC and Ss. 4, 6, 8, 10, 12 and 17 of the Protection of Children from Sexual Offences, 2012 ('Act, 2012' for short) as per the impugned judgment dtd. 18/11/2022.

(2.) The prosecution case is that the first accused is the husband of the second accused and druing 2016, the accused persons entered into a criminal conspiracy to kidnap the minor victim girl, who was 1their neighbour, to subject her to rape and sexual assault and with the aid and instigation of the second accused, the victim minor girl was kidnapped from the lawful guardianship of her parents and kept her in wrongful confinement in a bedroom of the house of the accused persons and the first accused repeatedly inserted a sex toy into the vagina and anus of the victim girl and also exhibited his naked body to the victim and the accused persons also threatened the victim that they will kill her if in case she discloses the incident to anybody else. It is also alleged that the accused persons repeated the acts on two or three days in the year 2016 and that the second accused aided and abetted the first accused to commit the act and they are thereby alleged to have committed the offences as aforesaid.

(3.) Exhibit P8 FIR in this case was registered by PW6, ASI of Minicoy Police Station, on the basis of the confession statement of the second accused herein, who is also the second accused in Crime No. 9 of 2016 of Minicoy Police Station involving similar offences. The investigation was conducted by PW10, Inspector of Police, Headquarters, Kavaratti, and after completing the investigation, final report was filed before the Special Court.