KANU DAS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dtd. 8/4/2021, passed by the Special Judge (POCSO), East Jaintia Hills District, Khliehriat, Meghalaya Special (POCSO) Case No.12 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 Serial No.02 Supplementary List 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.10,000.00, in default to undergo Simple Imprisonment for one year. The fine amount was directed to be given to the victim girl.

(2.) A complaint was given by the mother of the victim girl on 3/3/2016 before Ladry-mbai Police Outpost, East Jaintia Hills District, Khliehriat, Meghalaya, stating that the accused, namely, Kanu Das had committed aggravated penetrative sexual assault on her daughter aged about 8 years and also raped her. Based on the complaint, FIR (Ex.P1) in Khliehriat P.S.Case No.61 (3) 2016 came to be registered against the accused under Sec. 354 IPC r/w Sec. 6 of the POCSO Act, 2012.

(3.) The main ground that was raised by the learned Legal Aid Counsel for the appellant was that a false case has been foisted against the appellant and though the victim had informed the incident at first to her grandmother, she had not been made as a witness and enquired and it was P.W.1. viz., the mother of the victim girl, who had filed the FIR against the appellant. It was further urged that P.W.1, who had not witnessed the incident, merely narrated what the victim told her and therefore, she may be termed as a hearsay witness.