SPARDING NONGBRI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appellant has been convicted under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 for having committed aggravated penetrative sexual assault on his step-daughter of 14 years and sentenced to rigorous imprisonment for 20 years and a fine of Rs.30,000.00. In default of the payment of fine, the appellant is to suffer simple imprisonment for a further period of five months.

(2.) The appellant contends that the vague allegations of the alleged victim do not constitute any offence and the trial court erred in disregarding the unclear and somewhat fuzzy description of the incident by the victim to find that a case has been made out against the appellant for conviction under the most stringent provision. The appellant refers to his confessional statement recorded under Sec. 164 of the Code of Criminal Procedure, 1973, but submits that since the trial court did not go solely by the appellant's confession and called for evidence to be presented, the evidence adduced made out no case at all against the appellant.

(3.) Two persons were named as accused, based on the minor victim's statement. Since the appellant herein was the step-father of the minor victim, the appellant has suffered the more harsh punishment than the other accused who has got a lesser sentence. No appeal has been preferred by the other accused; or, at any rate, such appeal is not before this Court.