LUKHI KALITA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS instant appeal has been filed U/s. 374 r/w. Section - 383 Cr.PC challenging the impugned Judgment & Order dated 27.06.2014 passed by the Special Judge, Fast Track Court, Nongstoin in GR Case No. 94 of 2010 convicting the accused U/s. 376 IPC.

(2.) THE Memo of Appeal disclosed the appellant's case in brief is that, "the appellant herein is assailing the impugned Judgment & Order dated 27.06.2014 passed by the Special Court/Fast Track Court, Nongstoin. The accused/appellant was charged under Section - 376 IPC on the basis of the fact that he was found indulging in sexual activities with the victim from 02.04.2010 which continued till 02.06.2010. Further, the learned Court below has passed the impugned Judgment & Order without considering the fact and evidence on records especially the deposition of PW -15 who is an expert in determining the age of the victim. Moreover, the accused/appellant was convicted on the wrong provision of law as the alleged incident took place on 02.04.2010 and the accused/appellant was convicted under Section 376 IPC as per the Amended provision of Section - 376 IPC which came into effect from 03.02.2013. Hence this appeal."

(3.) ON the other hand, Mrs. NG Shylla, the learned counsel appeared for on behalf of the State argued that that, there is nothing wrong in the said Judgment & Order dated 27.06.2014 passed by the Special Judge, Fast Track Court, Nongstoin in GR Case No. 94 of 2010 convicting the accused U/s. 376 IPC and also argued that from the evidence, it is clear that there was sexual assault upon the victim by the convict which is proved beyond doubt and the victim was a minor at the time commission of offence. The learned counsel also argued that, the learned Court below has given only 2 years sentence which needs to be enhanced. In support of her submission, she relied on : (2008) 16 SCC 758 (Para -9),, (2005) 5 SCC 412 (Para -17 & 21), : (2003) 8 SCC 13 (Para -17) and, (2012) AIR SCW 3237 (Para -19, 20, 22 & 23).