NASIR KHAN (MD.) Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appellant as the accused was convicted in connection with Special POCSO Case No. 45 of 2015 for committing an offence punishable under Sec. 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, by judgment dtd. 26/3/2021 and sentence dtd. 31/3/2021, and was directed to undergo imprisonment for five years and six months and fine of Rs.3,00,000.00 (Rupees three lakhs) in default of payment to further undergo another year of imprisonment.

(2.) Being highly aggrieved and dissatisfied with the said judgment and sentence, the appellant has approached this Court with this appeal under Sec. 374(2) Cr.P.C, 1973.

(3.) A brief background of the matter leading to the preference of this appeal germinates from an FIR lodged on 1/8/2015 before the Officer-In Charge, Khanapara Police Station, Ri-Bhoi District by respondent No. 3/complainant to the effect that, a complaint was made alleging that the appellant herein had sexually assaulted the minor victim, son of the complainant who came to know of the incident when the said son told the complainant that he should not be punished if he failed in his exams and on being asked what happened, he explained that the appellant/accused had sexually assaulted him many times during the night time and he dare not tell anyone even to his aunt, the wife of the accused because he was afraid.