PYNCHEMALANGKI BAREH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dtd. 16/6/2021, passed by the Special Judge (POCSO), District and Sessions Court, Khliehriat in Special (POCSO) Case No.9/2020 and the accused / Appellant herein was convicted by the Trial Court for the offences under Ss. 506 of the Indian Penal Code and Sec. 3(a) of the Protection of Children from Sexual Offences Act, 2012 (in short =POCSO Act, 2012') punishable under Sec. 4 of the POCSO Act, 2012 and was sentenced as under: The fine amount awarded as compensation was directed to be paid to the victim girl. Brief Prosecution Case:

(2.) A complaint was given by the mother (P.W.1) of the victim girl on 27/11/2019 before Khliehriat Women Police Station, East Jaintia Hills, stating that his daughter aged 13 years was raped on 26/11/2019 by the appellant at Mokoidaling, Sutnga and on receipt of the complaint, a case was registered by the Officer-in-Charge of Khliehriat Women Police Station in Khliehriat Women P.S. Case No.49 (11)19 under Ss. 3 and 4 of the POCSO Act, 2012 and the case was entrusted WPSI S.Kharsati for carrying out the investigation.

(3.) After investigation, a Charge Sheet dtd. 27/11/2019 was laid before the Court of Chief Judicial Magistrate and the case was committed to the Special Judge (POCSO) for trial and charges were framed against the accused under Sec. 506 IPC r/w Ss. 3 and 4 of POCSO Act, 2012. The prosecution, in order to substantiate the commission of the offence against the accused, had examined as many as 14 witnesses and exhibited 11 material exhibits and one paper mark (Baptismal Certificate). A 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 Sec. 506 of the IPC and under Sec. 3(a) and Sec. 4 of the POCSO Act, 2012 and convicted him as stated supra.