MIHKAHTNGEN SARUBAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dtd. 17/10/2022 and the order of sentence dtd. 31/10/2022, passed by the Special Judge (POCSO), Shillong in Special (POCSO) Case No.24/2015 and the accused/Appellant herein was convicted by the Trial Court for the offences under Ss. 3(a)/4 of the Protection of Children from Sexual Offences Act, 2012 and under Ss. 328/354B/375(a) falling under Ss. 375(sixthly)/376(2)(j)(n)/441/442/450 of the Indian Penal Code and was sentenced as under:

(2.) An FIR was given by the parents of the victim girl on 17/4/2015 before the officer-in-charge, Madanryting Police Station stating that her daughter was raped on 14/3/2015. On receipt of the FIR, the officer-in-charge, Madanryting Police Station registered a case vide Madanryting PS Case No.47 (4) 15 under Ss. 3,4,7 and 8 of the POCSO Act, 2012 read with Ss. 506 IPC and endorsed to one WPSI P. Wahlang for carrying out the investigation.

(3.) After investigation, a charge sheet No.74 of 2015 dtd. 18/9/2015 under Sec. 3(a)/4 of the POCSO Act of 2012 was laid to the Court of Chief Judicial Magistrate committed the case for trial to the Special Judge (POCSO), who framed the charges against the accused under Sec. 3(a)/4 of the POCSO Act, 2012. The prosecution, in order to substantiate the commission of the offence against the accused, has examined as many as 10 witnesses and exhibited 11 exhibits and 8 material Exhibits. Statement under Sec. 164 Cr.P.C. was obtained from the victim girl (P.W.1). The accused was questioned under Sec. 313 Cr.P.C. and he denied the charges levelled against him. The Trial Court, after analyzing the evidence let in by the prosecution, found the accused guilty of the offence under Ss. 3 under Sec. 3(a)/4of the Protection of Children from Sexual Offences Act, 2012 and under Ss. 328/354B/375(a) falling under Ss. 375(sixthly)/376(2)(j)(n)/441/442/450 of the Indian Penal Code and convicted him as stated supra.