THOURA DARNEI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dtd. 11/3/2021, passed by the Special Judge (POCSO), East Jaintia Hills District, Khilehriat, Meghalaya in Special (POCSO) Case No.13 of 2020 and the accused / Appellant herein was convicted by the Trial Court for the offence under Sec. 5(m) of The Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act, 2012?) punishable under Sec. 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs.5,000.00, in default to undergo Simple Imprisonment for six months. The fine amount was directed to be given to the victim girl. Brief Prosecution Case:

(2.) A complaint was given by the father of the victim girl on 29/5/2017 before Saipung Police Station, East Jaintia Hills District, Khliehriat, Meghalaya, stating that the accused, namely, Thoura Darnei had committed aggravated penetrative sexual assault on her daughter aged about 4 years and also raped her on 28/5/2017. Based on the complaint, FIR (Ex.P1) in Saipung P.S.Case No.05 (05) 2017 came to be registered on 29/5/2017 against the accused under Sec. 354 IPC r/w Sec. 6 of the POCSO Act, 2012.

(3.) The learned Legal Aid Counsel for the appellant submitted that a false case has been foisted against the appellant without any conclusive proof against the accused and there were several inconsistencies and discrepancies in the evidence of witnesses, namely, P.Ws.1, 2, 5, 6 and 7, who are father, Doctor, victim girl, mother and Forensic Expert respectively. It was further submitted that the victim girl (P.W.5) was not subjected to any cross examination and when the Court recorded her statement, the usual procedures had not been followed so as to ascertain her capacity to tender evidence.