IALAMPHRANG KHARSYIEMLIEH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appellant has been convicted under Sec. 376(2)(f) of the Penal Code, 1860 together with Sec. 3(a) of the Protection of Children from Sexual Offences Act, 2012.

(2.) A minor ground has been raised on the merits of the judgment of conviction, but the major thrust of the argument pertains to the obvious error committed by the trial court in awarding a sentence of 20 years' rigorous imprisonment under Sec. 376(3) of the Penal Code. The appellant has also been sentenced to 10 years' imprisonment and a fine of Rs.10,000.00 under Sec. 4 of the Act of 2012. The tenure in prison is to run concurrently. In default of the payment of fine, the appellant is to undergo simple imprisonment for a further month.

(3.) On the merits of the matter, the appellant complains that the ostensible confessional statement was obtained in flagrant disregard to the checks and balances envisaged in Sec. 164 of the Code of Criminal Procedure, 1973. The appellant asserts that the confession was obtained in a correctional home, in the presence of police officials and not, as it is ordinarily done, in court premises by a Magistrate.