SHANBORLANG NONGDKHAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The issue that arises in this appeal from an order of conviction, inter alia, under the Protection of Children from Sexual Offences Act, 2012 is as to whether there was penetrative sexual assault perpetrated by the appellant.

(2.) The appellant has been convicted under Sec. 6 of the Act of 2012 and sentenced to 10 years ' rigorous imprisonment with Rs.10,000.00as fine. Upon the appellant failing to tender the fine, he has to undergo a further two months of simple imprisonment. In addition, the appellant has also been convicted under Sec. 506 of the Indian Penal Code, 1860 and sentenced to seven years ' rigorous imprisonment with a further fine of Rs.10,000.00. In default of payment of such further fine, the appellant has to suffer an additional month 's simple imprisonment. The sentences on imprisonment are to run concurrently.

(3.) The first information report was lodged at the Nongstoin Police Station on March 17, 2015 by the mother of the minor victim who was then said to be 10 years and four months old. The FIR claimed that the minor had been raped by the appellant herein at 9 am on the same day. The complaint went on to narrate that the appellant had apparently indulged in raping the victim on several previous occasions, but the victim had not reported the matter as she had been threatened by the appellant to be killed.