TREDA SUNGOH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dtd. 13/2/2023, passed by the Special Judge (POCSO), West Jaintia Hills District, Jowai in Special Sessions Case No.23 of 2021, by which the accused / Appellant herein was convicted by the Trial Court for the offence under Sec. 5(l)/6 of The Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act, 2012") and Sec. 506 IPC as follows: <IMG>JUDGEMENT_11_LAWS(MEGH)7_2024_1.jpg</IMG> The Trial Court held that the convict is entitled to the benefit of Sec. 428 Cr.P.C. and the period already undergone in prison was ordered to be set off. Aggrieved by the judgment and order of the Special Judge (POCSO), West Jaintia Hills District, Jowai, dtd. 13/2/2023, the Appellant has preferred this Criminal Appeal before this Court. Brief Prosecution Case:

(2.) A complaint was lodged by the mother of the victim girl on 23/8/2021 before the officer-in-charge, Women Police Station, Jowai, West Jaintia Hills, stating that her daughter was raped by the accused on 22/8/2021. On receipt of the complaint, the officer-in-charge, Woman Police Station, Jowai registered a case vide Jowai PS Case No.91 (8) 2021 under Ss. 3(a)/4 of the POCSO Act, 2012 read with Sec. 506 IPC and endorsed to one WPSI I. Kharpran for the conduct of further investigation.

(3.) After a thorough investigation, a Charge Sheet No.67 of 2021 dtd. 9/9/2021 under Sec. 5(1)/6 of the POCSO Act of 2012 r/w Sec. 506 IPC was laid and the Special Judge (POCSO) thereafter proceeded for trial and arguments after receipt of written arguments from the parties. The prosecution, in order to substantiate the commission of the offence against the accused, examined as many as 4 witnesses and marked 6 exhibits and Paper Mark-1 (Birth Certificate). The accused neither produced witnesses nor marked any document in support of his defence. Statement under Sec. 164 Cr.P.C. was obtained from the victim girl (P.W.2). 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. 5(l)/6 of the POCSO Act, 2012 and under Sec. 506 IPC and convicted him as stated supra.