PHIDALIS LAMARE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This appeal is preferred against the Judgment and Order of conviction dt. 24/4/2023 and the order of sentencing dtd. 24/4/2023 by the Ld. Sessions Judge, Khliehriat in Sessions Case No. 6 of 2020 wherein the Ld. Trial Court convicted the accused/appellant under Sec. 376 IPC and sentenced him to undergo 7(seven) years rigorous imprisonment and a fine of Rs.5000.00 (Rupees Five Thousand) only and in default to undergo 1(one) month simple imprisonment.

(2.) The factual matrix of the case is that on the 30/1/2017 an FIR was lodged before the Officer-in-Charge, Khliehriat Police Station by the victim-cum-complainant against the accused/appellant person alleging that on the 29/1/2017 the accused person had sexually assaulted the victim at her residence at Lad Sutnga.

(3.) FIR was registered as Khliehriat P.S. Case No. 30(01) of 2017 under Sec. 376 IPC, an Investigating Officer (IO) was assi-gned to the case, and the IO started the investigation and arrested the accused person on the 30/1/2017. During the initial stage of investigation, the IO recorded the statement of the victim under Sec. 161 Cr.P.C. Thereafter, the statement of the victim and the accused/appellant was also recorded under Sec. 164 Cr.P.C by a Magistrate. Medical examination of both the victim and the accused was also conducted by the doctor at Khiehriat CHC, the biological samples were collected and the clothes of the victim were seized and sent for FSL.