PARINDER RAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This appeal is directed against the impugned Judgment and Order of conviction dtd. 19/12/2023 and order of sentence dtd. 22/12/2023 passed by the learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh in Special (POCSO) Case No. 34 of 2015 whereby the appellant was sentenced under Sec. 10 POCSO Act for seven years imprisonment with fine of Rs.50,000.00 and in default of payment to undergo another four months imprisonment. The appellant was also sentenced under Sec. 354 IPC for five years imprisonment with a fine of Rs.10,000.00 and in default of payment to undergo another two months imprisonment. In addition, the appellant was sentenced under Sec. 451 IPC for two years imprisonment with fine of Rs.5000.00 and in default of payment to undergo another one month's imprisonment. The prosecution story of the case is that a telephonic information was received by the Umiam Police Station on 26/1/2015 at about 6 pm from the villagers of Lum Nehru Park, Umiam that one non-tribal person was caught red handed while he forcibly entered inside the house of the complainant and molested his 17 years old mentally and physically challenged daughter. On receipt of the information, the investigating officer along with one Sub-Inspector Mr. L. Lynrah visited the place of occurrence and found the non-tribal person (appellant) was kept in the verandah of the complainant's (PW- 1) house with injuries on his person inflicted by an angry mob. The Sub-Inspector Mr. S. Lyngrah brought him to the Umiam PS for safe custody and interrogation and later took him to the Civil Hospital, Shillong for medical examination. The Investigating Officer took the survivor, accompanied by her mother, to the Ganesh Das Hospital, Shillong for medical examination. On being asked, the survivor stated that the unknown person forcibly entered inside the house while she along with her sibling were watching television. He took her hand and led her to the bedroom where he started taking off her clothes. She resisted but he touched her private parts and at that time the villagers came and rescued her. The accused was admitted to the Civil Hospital, Shillong as the per advice of the Medical Officer.

(2.) On 27/1/2015 at about 1.30 pm, the complainant lodged a written FIR to the effect that on 26/1/2015, at around 5.15 pm, the appellant forcibly entered inside his quarter at Lum Nehru Park, Umiam and molested his minor daughter who was a mentally retarded and physically challenged child. On the basis of the FIR, the Umiam PS Case No. 07 (01) 2015 under Sec. 452/ 354A (1) (i) IPC read with Sec. 8/10, POCSO Act, 2012 was registered and the matter was investigated into. During the investigation, the Investigating Officer examined the appellant who denied the allegations. It was disclosed by the brother of the appellant that the appellant was suffering from Schizophrenia and submitted a medical certificate issued by one Dr. Pankaj Lochan Sarma wherein it was shown that the appellant was under his treatment for about a year. The said medical certificate was seized by the Investigating Officer and the appellant was taken to MIMHANS under the order of the Court, for psychiatric evaluation. The Medical Officer therein advised the Investigating Officer to come with near relatives of the appellant for history of mental illness of the appellant and the related documents thereof. However, no relative of the appellant came forward in spite of the passing of the information to the brother of the appellant by the Investigating Officer. Upon completion of the investigation and observance of all the formalities, the charge-sheet No.33/2015 dtd. 8/6/2015 was filed against the appellant under Sec. 452/354A (1) (i) IPC read with Sec. 8/10 POCSO Act, 2012.

(3.) During the trial, charge under Sec. 452/354A(1)(i) IPC and Sec. 8/10 of the POCSO Act, 2012 was framed against the appellant on 20/9/2016 to which the appellant pleaded not guilty and claimed to be tried. The prosecution examined as many as 8 (eight) witnesses and exhibited 9 (nine) documents in support of its case. Ext- X was also brought into the record to establish the death of the survivor. In addition, Ext-C1 to C12 were exhibited before the learned trial Court at the time of holding enquiry under Sec. 34 (2) of the POCSO Act conducted on the basis of an application filed on behalf of the appellant. The evidences of CW-1 to CW-4 were recorded by the learned trial court for the purpose of the said enquiry. Though, the evidences were recorded for the purpose of the enquiry, it transpires that the matter was taken up and decided along with the final argument made by the parties in the trial. After the completion of the prosecution evidence, the statement of the appellant was recorded under Sec. 313 Cr.PC on 11/12/2023. The appellant declined to adduce any defence witness. The learned Trial Court, after hearing the parties, passed the impugned judgment and the order of conviction and sentenced the appellant under Sec. 354/451 IPC and S.10 of the POCSO Act, 2012.