ANANTA DEB Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh vide judgment dtd. 27/7/2021 and the related sentence dtd. 30/7/2021 passed in Special POCSO Case No. 23 of 2015 has convicted the petitioner of the offence under Sec. 354 IPC read with Sec. 8 of the POCSO Act, for which he was directed to undergo imprisonment of 3 years under Sec. 8, POCSO Act and 1 year respectively as punishment under Sec. 354 IPC. A fine of Rs.1,50,000.00 (rupees one lakh, fifty thousand) only, for the offence under Sec. 8 and another 50,000/- (rupees fifty thousand) only, for the Rs.offence under Sec. 354 was also simultaneously imposed, default in payment of such fine would entail further imprisonment of 1 year respectively.

(2.) Being thus aggrieved by such order of conviction and sentence imposed, the petitioner has now approached this Court with this application under Sec. 397 of the Code of Criminal Procedure for revision of the said order impugned herein.

(3.) Brief facts of the case is that on 14/11/2014, an FIR was lodged at the Khanapara Police Station, Ri-Bhoi District with a complaint that the petitioner has attempted to rape the minor daughter of the said complainant, following which the FIR was registered as Khanapara P.S. Case No. 47(11)2014 under Sec. 354 IPC and Sec. 8, POCSO Act.