KREKBORLANG SAWKMIE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appellant has been convicted under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to 15 years' imprisonment together with a fine of Rs.20,000.00. In default of payment of the fine, the appellant has to suffer a further year's imprisonment.

(2.) According to the minor victim then aged eight, there were three clear incidents of rape over a four-day period in the first week of June, 2013. The girl consistently maintained in course of her statement recorded under Sec. 164 of the Code of Criminal Procedure, 1973 and her testimony at the trial that the first incident was on a Saturday, the second incident was on the following Monday and the third incident was on Tuesday. According to the victim, on that Saturday in the first week of June, 2013, she accompanied her sister, Sita, and the sister's husband, the appellant herein, and their two-year-old daughter to a jungle at Laitlum in the hope of catching some fish. The girl narrated that while her sister Sita went on in one direction in the jungle, she, the appellant and the infant went another way and it was at such time that she was grabbed by the appellant, pushed to the ground and sexually assaulted upon her underpants being brought down. The victim even described the black underpants that the appellant wore on that day.

(3.) The victim recounted that she felt pain and bled and she raised a hue and cry but the same could not be heard by any person. The infant was around nearby but was too young to realise what was going on. She reported that the appellant apparently threatened to kill her if she mentioned the incident to any other person. The victim then claimed that on the following Monday the appellant called the victim to the appellant's hut which was in the vicinity of the victim's residence. The appellant apparently wanted a torch and when the victim carried the torch to the appellant's hut, she claimed that she was pinned down on the bed and raped. Again, she was threatened with dire consequences and she asserted that she was too afraid to speak of the matter. The victim recollected that on the following day she was called by her brother-in-law on the pretext of bringing a wait and, again, forced on the bed and raped. She reiterated that she was threatened again.