DONBOKLANG RYNTATHIANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appellant has been convicted, inter alia, under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to 20 years' imprisonment. In addition, the appellant has been fined Rs.50,000.00; and, in default of payment thereof, the appellant has to suffer another year's imprisonment.

(2.) The victim in this case was about 13 years old at the time that the initial act of sexual assault was alleged to have been committed by the appellant. The victim asserted that she had been raped on at least three other occasions. There is a statement of the appellant recorded under Sec. 164 of the Code of Criminal Procedure, 1973 wherein he, apparently, confessed to having raped his minor step-daughter at least four times and being the father of the girl-child that the victim delivered. It was a premature delivery and the child survived barely over a week. However, because of the tardy investigation that we are accustomed to in this country, poor samples drawn led to an inconclusive DNA report.

(3.) Two principal grounds have been urged on behalf of the appellant: first, that he retracted the alleged confession at the trial, but the trial court proceeded to convict him on the basis of the confession alone; and, secondly, that the alleged victim's statement did not sound true and there was confusion as to the place or places of occurrence.